The claimants acted as franchisees of the defendants, having agreed commission arrangements for the introduction of personal injury claimants. Following new rules, the sharing of such commissions became unlawful. The parties had failed to renegotiate a fee arrangement. The defendants appealed saying that the claimants had continuing duties to the lay clients.
Held: The duty of client care continued during the life of the claims. The fee payable was a single fee for that entire service. The defendants would accordingly be able to deduct from outstanding commissions the sums paid out fulfilling the obligations undertaken by the claimants.
Judges:
Lord Justice Brooke Mr Justice Holman Lord Justice Jonathan Parker
Citations:
[2003] EWCA Civ 1108, Gazette 02-Oct-2003
Links:
Statutes:
Jurisdiction:
England and Wales
Contract, Commercial, Legal Professions
Updated: 07 June 2022; Ref: scu.184871
