Healys LLP v Partridge & Anor [2019] EWHC 2471 (Ch) (23 September 2019)

Healys LLP v Partridge & Anor [2019] EWHC 2471 (Ch) (23 September 2019)

The CFA was a contentious business agreement under s.59 Solicitors Act 1974; claim must proceed under CPR Part 8; proprietary injunction granted over settlement monies with limited withdrawals; freezing injunction discharged.

Citation
[2019] EWHC 2471 (Ch)
Parties
Claimant: Healys LLP; Defendant: Michael Dennis Partridge; Defendant: Suzette Anne Partridge
Jurisdiction
England and Wales
Judgment Date
23 September 2019
Procedural Posture
Claim for Unpaid Professional Fees Under a Conditional Fee Agreement / Return Date Hearing Following Urgent Freezing Injunction; Procedural and Interim Applications
Outcome
Claim to continue as if commenced under CPR Part 8; freezing injunction discharged; proprietary injunction granted with conditions.
Legal Topics
Conditional Fee Agreements, Contentious Business Agreements, Solicitors Act 1974, Freezing Injunctions, Proprietary Injunctions
Civil Procedure Professional Negligence Solicitors' Costs Conditional Fee Agreements Contentious Business Agreements Solicitors Act 1974 Freezing Injunctions Proprietary Injunctions

Case Brief

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Parties

Healys LLP

Claimant

Michael Dennis Partridge

Defendant

Suzette Anne Partridge

Defendant

Procedural Posture

Claim for Unpaid Professional Fees Under a Conditional Fee Agreement / Return Date Hearing Following Urgent Freezing Injunction; Procedural and Interim Applications

Legal Issues

  1. 1 Whether the claim should proceed under CPR Part 8 as a contentious business agreement
  2. 2 Whether the CFA is a contentious business agreement under s.59 Solicitors Act 1974
  3. 3 Entitlement to proprietary injunction over settlement monies

Ratio Decidendi

The CFA was a contentious business agreement under s.59 Solicitors Act 1974; claim must proceed under CPR Part 8; proprietary injunction granted over settlement monies with limited withdrawals; freezing injunction discharged.

Court Disposition

Claim to continue as if commenced under CPR Part 8; freezing injunction discharged; proprietary injunction granted with conditions.

Orders

  • Claim directed to continue as if commenced under CPR Part 8
  • Freezing injunction discharged