Stephen John Finnan v Candey Ltd

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

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Parties

Stephen John Finnan

Appellant

Candey Limited

Respondent

Procedural Posture

Appeal / Judgment

  1. 1 Whether the Conditional Fee Agreement (CFA) is enforceable under the Solicitors Act 1974
  2. 2 Whether the CFA is a contentious business agreement
  3. 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