Michael Glaser KC & Anor v Katharine Jane Atay

Michael Glaser KC & Anor v Katharine Jane Atay

The payment term requiring full advance payment regardless of whether the trial proceeded was unfair under the Consumer Rights Act 2015, fell within the 'grey list', and could not be relied upon by the claimants. The claimants had no contractual or quantum meruit right to payment after the trial was adjourned.

Parties
Claimant/respondent: Michael Glaser KC; Claimant/respondent: Victoria Miller; Defendant/appellant: Katharine Jane Atay
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Civil Appeal / Judgment on Appeal and Cross Appeal
Outcome
appeal allowed, claim dismissed
Legal Topics
Unfair Contract Terms, Consumer Rights Act 2015, Quantum Meruit, Public Access Barrister Fees
Contract Law Consumer Protection Unfair Contract Terms Consumer Rights Act 2015 Quantum Meruit Public Access Barrister Fees

Case Brief

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Parties

Michael Glaser KC

Claimant/respondent

Victoria Miller

Claimant/respondent

Katharine Jane Atay

Defendant/appellant

Procedural Posture

Civil Appeal / Judgment on Appeal and Cross Appeal

Legal Issues

  1. 1 Whether the payment term in the barristers' retainer agreement is unfair under the Consumer Rights Act 2015
  2. 2 Whether the term falls within the 'grey list' of Schedule 2 of the Act
  3. 3 Whether the claimants are entitled to payment or quantum meruit after the trial was adjourned

Ratio Decidendi

The payment term requiring full advance payment regardless of whether the trial proceeded was unfair under the Consumer Rights Act 2015, fell within the 'grey list', and could not be relied upon by the claimants. The claimants had no contractual or quantum meruit right to payment after the trial was adjourned.

Court Disposition

appeal allowed, claim dismissed

Orders

  • The claim for fees is dismissed.