Slade (t/a Richard Slade & Company) v Abbhi

Slade (t/a Richard Slade & Company) v Abbhi

Mr Abbhi is not 'the party chargeable' with Mr Slade’s bills under the Solicitors Act 1974; his obligation was to fund the action via Mr Singh, not to pay the bills directly. The statutory defence under section 69 and 70 does not apply, and even if it did, it is too late to raise it post-liability judgment. The...

Source-derived case information.

Parties
Claimant: Richard John Slade (t/a Richard Slade & Company); Defendant: Deepak Abbhi
Jurisdiction
England and Wales
Judgment Date
01 March 2019
Procedural Posture
Commercial Claim / Post Liability Quantum Assessment
Outcome
Judgment for claimant for damages to be assessed; defendant's statutory defence rejected; permission to appeal refused.
Legal Topics
Solicitors Act 1974, Statute of Frauds, Common Law Assessment of Costs, Guarantee Liability, Interest on Damages
Contract Law Costs Law Solicitors Act 1974 Statute of Frauds Common Law Assessment of Costs Guarantee Liability Interest on Damages

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Parties

Richard John Slade (t/a Richard Slade & Company)

Claimant

Deepak Abbhi

Defendant

Procedural Posture

Commercial Claim / Post Liability Quantum Assessment

Legal Issues

  1. 1 Whether section 69 and 70 of the Solicitors Act 1974 bar recovery of costs by the claimant due to non-delivery of bills to the defendant
  2. 2 Whether the defendant is 'the party chargeable' under the Solicitors Act 1974
  3. 3 Whether the defendant's liability is primary or secondary (guarantee)

Ratio Decidendi

Mr Abbhi is not 'the party chargeable' with Mr Slade’s bills under the Solicitors Act 1974; his obligation was to fund the action via Mr Singh, not to pay the bills directly. The statutory defence under section 69 and 70 does not apply, and even if it did, it is too late to raise it post-liability judgment. The proper course is a common law assessment of damages by a Costs Judge.

Court Disposition

Judgment for claimant for damages to be assessed; defendant's statutory defence rejected; permission to appeal refused.

Orders

  • Damages to be assessed by a Costs Judge with directions for objections and responses via schedule.
  • Interest awarded: 8% p.a. on unpaid counsel’s fees, 2% p.a. on unpaid fees/disbursements, both from 19 April 2014 to determination.