Furley Page LLP v KFL

Furley Page LLP v KFL

The Defendant had capacity to enter into the contractual retainer agreed with the Claimant on 4th October 2020. He maintained such capacity until 22nd June 2021, when his dementia had deteriorated to the extent that he no longer had capacity to contract. The Claimant had actual knowledge of the Defendant’s lack of capacity from 29th July 2021. The retainer is enforceable and costs are payable for the period during which the Defendant had capacity.

Parties
Claimant: Furley Page LLP; Defendant: KFL
Jurisdiction
England and Wales
Judgment Date
07 August 2025
Procedural Posture
Part 8 Claim for Detailed Assessment Under S.70 Solicitor’s Act 1974 / Preliminary Issue Determination
Outcome
Defendant had capacity to contract at the relevant time; retainer enforceable; costs payable for period of capacity.
Legal Topics
Capacity to Contract, Solicitor Client Retainer, Mental Capacity Act 2005, Detailed Assessment of Costs
Contract Law Mental Capacity Law Legal Costs Capacity to Contract Solicitor Client Retainer Mental Capacity Act 2005 Detailed Assessment of Costs

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Parties

Furley Page LLP

Claimant

KFL

Defendant

Procedural Posture

Part 8 Claim for Detailed Assessment Under S.70 Solicitor’s Act 1974 / Preliminary Issue Determination

Legal Issues

  1. 1 Whether the Defendant had capacity to enter into a contractual retainer with the Claimant on 4th October 2020
  2. 2 Whether the Claimant had actual or constructive knowledge of the Defendant’s incapacity
  3. 3 Whether the retainer is enforceable and costs payable

Ratio Decidendi

The Defendant had capacity to enter into the contractual retainer agreed with the Claimant on 4th October 2020. He maintained such capacity until 22nd June 2021, when his dementia had deteriorated to the extent that he no longer had capacity to contract. The Claimant had actual knowledge of the Defendant’s lack of capacity from 29th July 2021. The retainer is enforceable and costs are payable for the period during which the Defendant had capacity.

Court Disposition

Defendant had capacity to contract at the relevant time; retainer enforceable; costs payable for period of capacity.