Rees & Anor v Gateley Wareing (a firm) & Anor

Rees & Anor v Gateley Wareing (a firm) & Anor

Gateley Wareing’s fee agreement of 5 August 2002 is enforceable and not rendered unenforceable by section 58 Courts and Legal Services Act 1990 or Practice Rule 8, as it did not relate to litigation services conducted by Gateley Wareing. The agreement is not champertous as Gateley Wareing did not conduct the relevant litigation. Only recoveries causally linked to Gateley Wareing’s work trigger the fee; Mercator/Rowe recoveries are excluded as Gateley Wareing’s involvement was insufficiently connected.

Parties
Claimant: David Rees; Claimant: Gwyneth Rees; Defendant: Gateley Wareing (a firm); Defendant: Gateley LLP (formerly Gateley Wareing LLP and HBJ Gateley Wareing LLP)
Jurisdiction
England and Wales
Judgment Date
03 December 2013
Procedural Posture
Counterclaim / Judgment on Specified Issues Following Settlement of Main Claim
Outcome
Gateley Wareing entitled to deliver a bill of costs for sums causally linked to their work under the fee agreement; Mercator/Rowe recoveries excluded; agreement enforceable.
Legal Topics
Contingency Fee Agreements, Conditional Fee Agreements, Champerty, Solicitors’ Practice Rules, Non Contentious Vs Contentious Business, Assessment of Solicitors’ Fees
Contract Law Professional Negligence Legal Practice Contingency Fee Agreements Conditional Fee Agreements Champerty Solicitors’ Practice Rules Non Contentious Vs Contentious Business +1 more

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Parties

David Rees

Claimant

Gwyneth Rees

Claimant

Gateley Wareing (a firm)

Defendant

Gateley LLP (formerly Gateley Wareing LLP and HBJ Gateley Wareing LLP)

Defendant

Procedural Posture

Counterclaim / Judgment on Specified Issues Following Settlement of Main Claim

Legal Issues

  1. 1 Interpretation and enforceability of contingency fee agreement between solicitors and clients
  2. 2 Application of section 58 Courts and Legal Services Act 1990 and Solicitors’ Practice Rules 1990
  3. 3 Whether the fee agreement is champertous and unenforceable at common law

Ratio Decidendi

Gateley Wareing’s fee agreement of 5 August 2002 is enforceable and not rendered unenforceable by section 58 Courts and Legal Services Act 1990 or Practice Rule 8, as it did not relate to litigation services conducted by Gateley Wareing. The agreement is not champertous as Gateley Wareing did not conduct the relevant litigation. Only recoveries causally linked to Gateley Wareing’s work trigger the fee; Mercator/Rowe recoveries are excluded as Gateley Wareing’s involvement was insufficiently connected.

Court Disposition

Gateley Wareing entitled to deliver a bill of costs for sums causally linked to their work under the fee agreement; Mercator/Rowe recoveries excluded; agreement enforceable.

Orders

  • Counsel to prepare a minute of order in accordance with this judgment.
  • Gateley Wareing may deliver a bill of costs for recoveries causally linked to their work under the fee agreement.