Martin v Posener & Anor [2017] EWHC 2320 (QB) (13 September 2017)

Martin v Posener & Anor [2017] EWHC 2320 (QB) (13 September 2017)

The operative clause of the contract (Clause 8) was triggered by the BADV award, as the contract's wording and surrounding circumstances showed the parties intended it to cover awards by the BADV, not just the JCC. There was no attorney-client relationship, so the Massachusetts Code of Professional Conduct did not apply. The claimant's refusal to fund Mr. Chudson's trip was not a repudiatory breach, and the evidence established that Mr. Chudson's research contributed to the award. The sums claimed were sufficiently proved, subject to accounting for any amounts advanced by the defendants.

Citation
[2017] EWHC 2320
Parties
Claimant: Anthony D. Martin; Defendant: Michael Posener; Defendant: Nicholas Posener
Jurisdiction
England and Wales
Judgment Date
13 September 2017
Procedural Posture
Contract Claim / High Court Trial, Judgment
Outcome
Claim allowed in part
Legal Topics
Interpretation of Contract Terms, Repudiatory Breach, Attorney Client Relationship, Unclean Hands Doctrine, Enforceability Under Foreign Law
Contract Law Private International Law Interpretation of Contract Terms Repudiatory Breach Attorney Client Relationship Unclean Hands Doctrine Enforceability Under Foreign Law

Case Brief

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Parties

Anthony D. Martin

Claimant

Michael Posener

Defendant

Nicholas Posener

Defendant

Procedural Posture

Contract Claim / High Court Trial, Judgment

Legal Issues

  1. 1 Whether the contract covers compensation paid under claims to the BADV
  2. 2 Whether the contract is unenforceable under the Massachusetts Code of Professional Conduct (Rule 1.8/1.18)
  3. 3 Whether the claimant was in repudiatory breach by refusing to fund Mr. Chudson's trip

Ratio Decidendi

The operative clause of the contract (Clause 8) was triggered by the BADV award, as the contract's wording and surrounding circumstances showed the parties intended it to cover awards by the BADV, not just the JCC. There was no attorney-client relationship, so the Massachusetts Code of Professional Conduct did not apply. The claimant's refusal to fund Mr. Chudson's trip was not a repudiatory breach, and the evidence established that Mr. Chudson's research contributed to the award. The sums claimed were sufficiently proved, subject to accounting for any amounts advanced by the defendants.

Court Disposition

Claim allowed in part

Orders

  • Defendants to pay claimant's expenses incurred for Mr. Chudson's research and 30% of the net BADV award, after deduction of any sums advanced by defendants.
  • Defendants jointly and severally liable under the indemnity clause for losses, costs, and expenses arising from their breach.