Alpha Rocks Solicitors v Alade

Alpha Rocks Solicitors v Alade

The High Court judge erred in striking out the solicitors' claims for costs without hearing oral evidence or cross-examination, as there were serious conflicts of fact and the alleged abuses, while concerning, did not clearly justify the draconian remedy of strike out at this stage. The proper course is for the issues of exaggeration, fraud, and document fabrication to be tried after disclosure and oral evidence, not determined summarily on written evidence alone.

Parties
Claimant/appellant: Alpha Rocks Solicitors; Defendant/respondent: Benjamin Oluwadare Alade
Jurisdiction
England and Wales
Judgment Date
09 July 2015
Procedural Posture
Civil Appeal / Appeal From High Court Judgment Striking Out Claims
Outcome
appeal allowed
Legal Topics
Strike Out Applications, Abuse of Process, Solicitors' Costs, Fraudulent Claims, Detailed Assessment
Civil Procedure Costs Law Strike Out Applications Abuse of Process Solicitors' Costs Fraudulent Claims Detailed Assessment

Case Brief

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Parties

Alpha Rocks Solicitors

Claimant/appellant

Benjamin Oluwadare Alade

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment Striking Out Claims

Legal Issues

  1. 1 When is it appropriate to strike out a claim for abuse of process due to alleged fraudulent or exaggerated costs claims by solicitors?
  2. 2 Was the High Court justified in striking out the solicitors' claims without oral evidence or cross-examination?
  3. 3 What is the proper procedure for dealing with allegations of fraudulent or exaggerated costs in civil proceedings?

Ratio Decidendi

The High Court judge erred in striking out the solicitors' claims for costs without hearing oral evidence or cross-examination, as there were serious conflicts of fact and the alleged abuses, while concerning, did not clearly justify the draconian remedy of strike out at this stage. The proper course is for the issues of exaggeration, fraud, and document fabrication to be tried after disclosure and oral evidence, not determined summarily on written evidence alone.

Court Disposition

appeal allowed

Orders

  • High Court order striking out claims for Rufus and Catherine fees set aside
  • Matter remitted to Chancery judge for directions after solicitors have opportunity to revise bills