Bell & Anor v Brabners LLP

Bell & Anor v Brabners LLP

The contract did not exclude statutory or common law rights to terminate the retainer for non-payment; section 65(2) of the Solicitors Act 1974 and the common law right to terminate for reasonable cause apply alongside the contract terms. The duty of cooperation includes payment obligations, and the exercise of lien is not the sole consequence of non-payment.

Parties
Applicant: Tracey Bell; Applicant: Tracey Bell Ltd; Respondent: Brabners LLP
Jurisdiction
England and Wales
Judgment Date
09 March 2021
Procedural Posture
Appeal / Renewed Application for Permission to Appeal
Outcome
application for permission to appeal refused
Legal Topics
Termination of Retainer, Conditional Fee Agreements, Solicitor Client Relationship, Statutory Rights of Solicitors, Duty of Cooperation
Contract Law Civil Procedure Legal Costs Termination of Retainer Conditional Fee Agreements Solicitor Client Relationship Statutory Rights of Solicitors Duty of Cooperation

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Parties

Tracey Bell

Applicant

Tracey Bell Ltd

Applicant

Brabners LLP

Respondent

Procedural Posture

Appeal / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether the respondent was entitled to terminate the conditional fee agreement and retainer
  2. 2 Whether section 65(2) of the Solicitors Act 1974 applies
  3. 3 Whether the contract terms exclude statutory and common law rights to terminate

Ratio Decidendi

The contract did not exclude statutory or common law rights to terminate the retainer for non-payment; section 65(2) of the Solicitors Act 1974 and the common law right to terminate for reasonable cause apply alongside the contract terms. The duty of cooperation includes payment obligations, and the exercise of lien is not the sole consequence of non-payment.

Court Disposition

application for permission to appeal refused

Orders

  • Permission to appeal is refused.