Solicitor

The appellant firm of solicitors had brought proceedings against the respondent, a former client, for fees under a conditional fee agreement for legal services provided in relation to the liquidation of a company. In ruling on the firm’s appeal against the judge’s decision to dismiss its claim, the Court of Appeal, Civil Division, held that the judge had erred in implying terms into the CFA which had contradicted the CFA’s express terms and accordingly, allowed the first ground of the appeal.

However, the court held that the judge had correctly decided that there had been a shared common understanding that the firm’s fees would be paid from recoveries and the respondent would not be personally liable for any shortfall.

Consequently, the second ground of appeal, challenging the judge’s finding of a convention, was dismissed.