Baker Tilly (a firm) v Makar, Re Application to Appeal

Baker Tilly (a firm) v Makar, Re Application to Appeal

The grounds of appeal are properly arguable, particularly regarding whether Baker Tilly was obliged to produce a report to earn the fee and whether the retainer was terminated by voicemail; therefore, permission to appeal is granted.

Parties
Claimant: Baker Tilly; Defendant: Mira Makar
Jurisdiction
England and Wales
Judgment Date
18 February 2010
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
permission to appeal granted
Legal Topics
Retainer Agreements, Termination of Contract, Fee Recovery, Expert Witness, Breach of Fiduciary Duty
Contract Law Professional Negligence Retainer Agreements Termination of Contract Fee Recovery Expert Witness Breach of Fiduciary Duty

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Parties

Baker Tilly

Claimant

Mira Makar

Defendant

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the retainer was terminated by a voicemail message
  2. 2 Whether Baker Tilly was obliged to produce a report to earn the fee
  3. 3 Whether the defendant gave further instructions after November 2006

Ratio Decidendi

The grounds of appeal are properly arguable, particularly regarding whether Baker Tilly was obliged to produce a report to earn the fee and whether the retainer was terminated by voicemail; therefore, permission to appeal is granted.

Court Disposition

permission to appeal granted

Orders

  • Application for permission to appeal is granted.