Baker Tilly (a firm) v Makar

Baker Tilly (a firm) v Makar

Baker Tilly was entitled to payment for work done under three retainers with Mira Makar, as instructions were given and accepted, and the contract was terminated upon settlement of the Employment Tribunal proceedings; no obligation to produce a report survived termination, and no conflict of interest or breach of duty was established.

Parties
Claimant: Baker Tilly; Defendant: Mira Makar
Jurisdiction
England and Wales
Judgment Date
17 July 2009
Procedural Posture
Civil / Judgment
Outcome
judgment for claimants
Legal Topics
Retainer Agreements, Expert Witness Services, Breach of Contract, Conflict of Interest, Counterclaims
Contract Law Professional Negligence Retainer Agreements Expert Witness Services Breach of Contract Conflict of Interest Counterclaims

Case Brief

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Parties

Baker Tilly

Claimant

Mira Makar

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether Baker Tilly was entitled to payment for work done under retainer(s) with Mira Makar
  2. 2 Whether Baker Tilly was contractually obliged to produce an expert report
  3. 3 Whether Baker Tilly breached any fiduciary or contractual duty regarding conflict of interest

Ratio Decidendi

Baker Tilly was entitled to payment for work done under three retainers with Mira Makar, as instructions were given and accepted, and the contract was terminated upon settlement of the Employment Tribunal proceedings; no obligation to produce a report survived termination, and no conflict of interest or breach of duty was established.

Court Disposition

judgment for claimants

Orders

  • Claimants awarded £35,250 plus interest
  • Defendant's Part 20 counterclaims dismissed