Healys LLP v Partridge & Anor

Healys LLP v Partridge & Anor

The CFA is a contentious business agreement under s.59 of the Solicitors Act 1974, so the claim must proceed under Part 8. Healys is entitled to a proprietary injunction over the settlement monies, with conditions for reasonable withdrawals for living and legal expenses. The freezing injunction is discharged as the proprietary injunction suffices to protect Healys' interests.

Parties
Claimant: Healys LLP; Defendant: Michael Dennis Partridge; Defendant: Suzette Anne Partridge
Jurisdiction
England and Wales
Judgment Date
23 September 2019
Procedural Posture
Civil (solicitors' Fees Dispute) / Interlocutory Applications and Directions
Outcome
Claim to continue as if commenced under Part 8; freezing injunction discharged; proprietary injunction granted with conditions.
Legal Topics
Conditional Fee Agreements, Solicitors' Remuneration, Contentious Business Agreements, Freezing Injunctions, Proprietary Injunctions
Contract Law Professional Negligence Civil Procedure Conditional Fee Agreements Solicitors' Remuneration Contentious Business Agreements Freezing Injunctions Proprietary Injunctions

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Parties

Healys LLP

Claimant

Michael Dennis Partridge

Defendant

Suzette Anne Partridge

Defendant

Procedural Posture

Civil (solicitors' Fees Dispute) / Interlocutory Applications and Directions

Legal Issues

  1. 1 Whether the CFA is a contentious business agreement under the Solicitors Act 1974
  2. 2 Correct procedural route for enforcement of solicitors' fees under a CFA
  3. 3 Entitlement to a proprietary injunction over settlement monies

Ratio Decidendi

The CFA is a contentious business agreement under s.59 of the Solicitors Act 1974, so the claim must proceed under Part 8. Healys is entitled to a proprietary injunction over the settlement monies, with conditions for reasonable withdrawals for living and legal expenses. The freezing injunction is discharged as the proprietary injunction suffices to protect Healys' interests.

Court Disposition

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

Orders

  • Claim to proceed as if commenced under CPR Part 8.
  • Freezing injunction discharged.