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Maintenance of action

27 November 2014
Issue: 7632 / Categories: Case law , Law digest , In Court
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Rees and another v Gateley Wareing (a firm) and another [2014] EWCA Civ 1351, [2014] All ER (D) 289 (Oct)

The claimants retained the defendant solicitors firm in relation to a land transfer transaction. The terms of the retainer were finalised on 5 August 2002. A dispute arose and the judge held that the retainer had not obliged the defendant to conduct litigation and it was therefore enforcible. The claimants appealed. On appeal, the Court of Appeal held that as the work that the defendant had carried out was work carried by them in their capacity as solicitors, the retainer had been (or at least become) an agreement within the definition of conditional fee agreement in s 58 (2) of the 1990 Act and the defendant was not entitled to enforce the retainer agreement.

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MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

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