Bell & Anor v Brabners LLP [2021] EWHC 560 (QB) (09 March 2021)

Bell & Anor v Brabners LLP [2021] EWHC 560 (QB) (09 March 2021)

The contract did not expressly or impliedly limit the consequences of non-payment on account to the exercise of a lien, nor did it specify exclusive grounds for termination. Section 65(2) of the Solicitors Act 1974, common law rights, and repudiatory breach all entitled the respondent to terminate the agreement. The appeal had no real prospect of success.

Citation
[2021] EWHC 560
Parties
Appellant: Tracey Bell; Appellant: Tracey Bell Ltd; Respondent: Brabners LLP
Jurisdiction
England and Wales
Judgment Date
09 March 2021
Procedural Posture
Renewed Application for Permission to Appeal / Permission to Appeal Following Refusal on the Papers
Outcome
Permission to appeal refused
Legal Topics
Conditional Fee Agreements, Termination of Retainer, Solicitors Act 1974, Lien, Detailed Assessment of Costs, Permission to Appeal
Contract Law Solicitors' Costs Civil Procedure Conditional Fee Agreements Termination of Retainer Solicitors Act 1974 Lien Detailed Assessment of Costs +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

Tracey Bell

Appellant

Tracey Bell Ltd

Appellant

Brabners LLP

Respondent

Procedural Posture

Renewed Application for Permission to Appeal / Permission to Appeal Following Refusal on the Papers

Legal Issues

  1. 1 Whether the contract limited the consequences of non-payment on account to exercise of lien only
  2. 2 Whether the contract specified exclusive grounds for termination of the retainer
  3. 3 Whether section 65(2) of the Solicitors Act 1974, common law, or repudiatory breach entitled the respondent to terminate the agreement

Ratio Decidendi

The contract did not expressly or impliedly limit the consequences of non-payment on account to the exercise of a lien, nor did it specify exclusive grounds for termination. Section 65(2) of the Solicitors Act 1974, common law rights, and repudiatory breach all entitled the respondent to terminate the agreement. The appeal had no real prospect of success.

Court Disposition

Permission to appeal refused

Orders

  • Application for permission to appeal is refused