Stephen John Finnan v Candey Ltd
The CFA is enforceable as a contentious business agreement under the Solicitors Act 1974; the agreement is sufficiently certain and fair; the Respondent is entitled to enforce the fixed sum liability; the requirements of the Courts and Legal Services Act 1990 regarding success fees do not apply as the agreement does not provide for a success fee.
- Parties
- Appellant: Stephen John Finnan; Respondent: Candey Limited
- Jurisdiction
- England and Wales
- Judgment Date
- 14 March 2025
- Procedural Posture
- Appeal / Judgment
- Outcome
- Appeal dismissed
- Legal Topics
- Conditional Fee Agreements, Contentious Business Agreements, Solicitors Act 1974, Courts and Legal Services Act 1990
Case Brief
Summary, issues, holding and outcome
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Parties
Stephen John Finnan
Appellant
Candey Limited
Respondent
Procedural Posture
Appeal / Judgment
Legal Issues
- 1 Whether the Conditional Fee Agreement (CFA) is enforceable under the Solicitors Act 1974
- 2 Whether the CFA is a contentious business agreement
- 3 Whether the CFA satisfies the requirements of the Courts and Legal Services Act 1990
Ratio Decidendi
The CFA is enforceable as a contentious business agreement under the Solicitors Act 1974; the agreement is sufficiently certain and fair; the Respondent is entitled to enforce the fixed sum liability; the requirements of the Courts and Legal Services Act 1990 regarding success fees do not apply as the agreement does not provide for a success fee.
Court Disposition
Appeal dismissed
Orders
- Appellant to pay Respondent £120,000 (inclusive of VAT) by 4pm on 19 March 2024
- Appellant to pay interest and costs
Full Case Text
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