header-logo header-logo

02 October 2026 / Victoria Morrison-Hughes
Issue: 8179 / Categories: Features , Profession , Costs
printer mail-detail

Contentious business agreements: Riddle me this…

260493
© Getty images

If the essence of a contentious business agreement is certainty, why are we still confused? Victoria Morrison-Hughes

  • Broadfield Law UK LLP & Barnes held that the agreed retainer was not a Contentious Business Agreement (CBA).
  • Timing of the ruling coincides with Civil Justice Council proposals to overhaul solicitor-client costs billing system.
  • Any new ‘fair and reasonable’ test must retain the principle of informed consent to protect all parties.

‘The essence of a CBA is certainty’, concluded Mr Justice Mann in Wilson v Specter Partnership [2007] EWHC 133 (Ch). It is a sentiment shared by Lady Justice Andrews in her recent judgment in the Court of Appeal in Broadfield Law UK LLP (formerly BDB Pitmans LLP) v Barnes [2026] EWCA Civ 698.

In Wilson, Mann J relied on the decision of Chamberlain v Boodle and King [1982] 3 All ER 188, a decision more widely known to the costs world in relation to the delivery of invoices. In this judgment, Lord Denning determined

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Taylor Rose—Jacqui Hayat & Andrew Bentham

Taylor Rose—Jacqui Hayat & Andrew Bentham

Taylor Rose strengthens Medical Negligence team with senior leadership appointments

Birmingham Law Society—Sabina Kauser

Birmingham Law Society—Sabina Kauser

Ward Hadaway partner appointed Vice President of Birmingham Law Society

Excello Law—Nick Gore & Irfan Ali

Excello Law—Nick Gore & Irfan Ali

Excello Law immigration boost with two more hires from Irwin Mitchell

NEWS
A divorced woman has secured funding to participate in her former husband’s inquest after the Legal Aid Agency reconsidered repeated refusals
The Thirlwall Inquiry has exposed a ‘complete failure’ to protect babies at the Countess of Chester Hospital, but its recommendations must now be put into practice
Developers in areas with poorly performing councils can apply directly to the Planning Inspectorate for permission under section 62A of the Town and Country Planning Act 1990
MPs cannot simply resign their Commons seats. Instead, they take a nominal Crown office, usually the Chiltern Hundreds or Manor of Northstead, which disqualifies them from sitting
When does a solicitor’s retainer become a contentious business agreement? The Court of Appeal’s decision in Broadfield Law UK LLP v Barnes shows that listing hourly rates alone will not do, leaving firms and clients uncertain about their rights over bills
back-to-top-scroll