Appeal by Edmondson against an Order dismissing Edmondson’s claim against Haven in respect of Haven’s conduct in settling on an inclusive basis personal injury claims directly with six clients of Edmondson with whom Edmondson had concluded conditional fee agreements, thereby depriving Edmondson of its costs. Haven submitted that the particular terms of the CFA Lite retainers created no contractual liability of the claimants for the charges, and there was nothing upon which an equitable security could be founded. Held The Court agreed that there was no such contractual liability, but it decided that the equitable jurisdiction to intervene could be extended far enough to enable the court to recognise and then enforce an interest of Edmondson under the RTA Protocol in receiving its fixed costs and charges as therein provided or, alternatively, an interest under an express provision in the retainers to sue in its client’s names for recovery of those charges from Haven, and that Haven knew of those interests. The Court ordered Haven to pay the charges allowable under the RTA Protocol to Edmondson, in addition to the settlement sums already paid to the claimants.
Laws, Elias, Lloyd-Jones LJJ
[2015] EWCA Civ 1230, [2015] RTR 125, [2015] RTR 125, [2016] CP Rep 11, [2015] WLR(D) 496, [2016] 1 WLR 1385
Bailii, WLRD
The Cancellation of Contracts made in a Consumers Home or Place of Work etc. Regulations 2008
England and Wales
Citing:
Cited – Khans Solicitor (A Firm) v Chifuntwe and Another CA 8-May-2013
C instructed the claimants to bring proceedings. They compromised those proceedings, the defendant agreeing to pay C’s costs. A bill was submitted but before it was paid C withdrew his instructions from his solicitors and accepted the defendant’s . .
Cited – In re the Estate of Fuld, decd (No. 4) 1968
The solicitor sought to exercise a lien for his costs over money paid direct to his client.
Held: The solicitor’s right exists over both the amount of a judgment in favour of the client, and the amount of an order for costs in favour of the . .
Cited – Welsh v Hole 6-Nov-1779
The plaintiff obtained judgment for pounds 20 and costs in a civil claim for assault, but then compromised the claim for a direct payment by the defendant of pounds 10. There was no collusion to defeat the solicitor’s right to payment of his bill. . .
Cited – Read v Dupper 13-Jun-1795
The defendant’s solicitor paid the plaintiff direct, after notice of the plaintiff’s solicitor’s interest, and had to pay again. Lord Kenyon began:
‘The principle by which this application is to be decided was settled long ago, namely that the . .
Cited by:
Appeal from – Gavin Edmondson Solicitors Ltd v Haven Insurance Company Ltd SC 18-Apr-2018
The court was asked as to use of the solicitor’s equitable lien, whereby equity provided security for the recovery by solicitors of their agreed charges for the successful conduct of litigation, out of the fruits of that litigation. It is a . .
These lists may be incomplete.
Updated: 18 July 2021; Ref: scu.556265 br>