Candey Limited v Stephen Finnan

Candey Limited v Stephen Finnan

The CFA is a valid and enforceable contentious business agreement under s.61 Solicitors Act 1974. There is no evidence of dishonesty, misrepresentation, unfairness, or unreasonableness in its formation or terms. The Defendant had sufficient time and capacity to understand the agreement. The CFA does not provide for a success fee exceeding 100%. The Claimant is entitled to enforce payment of £100,000 plus VAT, with credit for any sums paid on account. The process of claim presentation was unsatisfactory but does not affect the enforceability of the CFA.

Parties
Claimant: Candey Limited; Defendant: Mr Stephen Finnan
Jurisdiction
England and Wales
Judgment Date
22 August 2024
Procedural Posture
Costs Application (solicitors Act 1974, S.61) / Judgment on Preliminary Issue Regarding Validity, Enforceability, and Effect of Contentious Business Agreement
Outcome
CFA upheld and enforced; Defendant liable to pay Claimant £100,000 plus VAT under the CFA, with credit for any sums paid on account. Further hearing to address interest and costs of these proceedings.
Legal Topics
Contentious Business Agreements, Conditional Fee Agreements (cfa), Solicitors Act 1974 S.61, Enforceability of Retainer Agreements, Assessment of Costs
Civil Procedure Legal Costs Contentious Business Agreements Conditional Fee Agreements (cfa) Solicitors Act 1974 S.61 Enforceability of Retainer Agreements Assessment of Costs

Case Brief

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Parties

Candey Limited

Claimant

Mr Stephen Finnan

Defendant

Procedural Posture

Costs Application (solicitors Act 1974, S.61) / Judgment on Preliminary Issue Regarding Validity, Enforceability, and Effect of Contentious Business Agreement

Legal Issues

  1. 1 Whether the CFA between the parties is valid, enforceable, and fair under s.61 Solicitors Act 1974
  2. 2 Whether the CFA is a contentious business agreement
  3. 3 Whether the CFA is unfair, unreasonable, or the product of misrepresentation or dishonesty

Ratio Decidendi

The CFA is a valid and enforceable contentious business agreement under s.61 Solicitors Act 1974. There is no evidence of dishonesty, misrepresentation, unfairness, or unreasonableness in its formation or terms. The Defendant had sufficient time and capacity to understand the agreement. The CFA does not provide for a success fee exceeding 100%. The Claimant is entitled to enforce payment of £100,000 plus VAT, with credit for any sums paid on account. The process of claim presentation was unsatisfactory but does not affect the enforceability of the CFA.

Court Disposition

CFA upheld and enforced; Defendant liable to pay Claimant £100,000 plus VAT under the CFA, with credit for any sums paid on account. Further hearing to address interest and costs of these proceedings.

Orders

  • Defendant to pay Claimant £100,000 plus VAT under the CFA, with credit for any sums paid on account.
  • Further hearing to determine interest and costs of these proceedings.