Higgins & Co Lawyers Ltd v Evans [2019] EWHC 2809 (QB) (24 October 2019)

Higgins & Co Lawyers Ltd v Evans [2019] EWHC 2809 (QB) (24 October 2019)

The death clause in the Law Society Model CFA is clear and unambiguous: upon the client's death before conclusion of the claim, the agreement ends and the firm is entitled to recover its basic charges from the estate, uncapped by reference to damages. The Interfoto principle does not render the clause unenforceable in this case because the CFA was signed by the client, there was no evidence of misrepresentation or improper conduct, and the clause is not so outlandish as to require special notice beyond signature. The clause is enforceable and the firm's bill is not assessed at nil on the basis of construction or incorporation.

Citation
[2019] EWHC 2809
Parties
Claimant: Higgins & Co Lawyers Ltd; Defendant: Evans
Jurisdiction
England and Wales
Judgment Date
24 October 2019
Procedural Posture
Appeal (costs Assessment) / High Court (queen's Bench Division) Judgment on Appeal
Outcome
Appeal allowed. The death clause is enforceable. The bill is not assessed at nil.
Legal Topics
Conditional Fee Agreements, Solicitor Client Costs, Contract Construction, Unusual or Onerous Terms, Consumer Rights Act 2015, Interfoto Principle
Contract Law Civil Procedure Costs Conditional Fee Agreements Solicitor Client Costs Contract Construction Unusual or Onerous Terms Consumer Rights Act 2015 +1 more

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Parties

Higgins & Co Lawyers Ltd

Claimant

Evans

Defendant

Procedural Posture

Appeal (costs Assessment) / High Court (queen's Bench Division) Judgment on Appeal

Legal Issues

  1. 1 Whether the 'death clause' in the Law Society Model Conditional Fee Agreement is enforceable against the estate of a deceased client.
  2. 2 Whether the clause is unusual and onerous and if so, whether it was fairly brought to the client's attention under the Interfoto principle.
  3. 3 Proper construction of the CFA regarding entitlement to basic charges upon death of the client.

Ratio Decidendi

The death clause in the Law Society Model CFA is clear and unambiguous: upon the client's death before conclusion of the claim, the agreement ends and the firm is entitled to recover its basic charges from the estate, uncapped by reference to damages. The Interfoto principle does not render the clause unenforceable in this case because the CFA was signed by the client, there was no evidence of misrepresentation or improper conduct, and the clause is not so outlandish as to require special notice beyond signature. The clause is enforceable and the firm's bill is not assessed at nil on the basis of construction or incorporation.

Court Disposition

Appeal allowed. The death clause is enforceable. The bill is not assessed at nil.

Orders

  • Declaration that the Law Society Conditions were incorporated into the CFA.
  • Declaration that the death clause is enforceable and not void.