Glaser KC and Miller v Katherine Jane Atay [2024] EWCA Civ 1111
The Appellant sought to appeal from the judgment of Turner J whereby it had been found that his contract for Direct Access services in a financial remedies case fell foul of the Consumer Rights Act 2015. The payment term of the contract was found to be unfair and therefore unenforceable.
The provisions of the particular statute had not been specifically reviewed by the Court of Appeal and was one basis upon which the Appellant relied to ensure that this important judgment came before this Court.
The Appellant went to the Court of Appeal on 5 grounds including that he and his junior Counsel were entitled to be paid their full contract fee and refreshers because they had set aside the trial period for the hearing in their respective diaries. They claimed that this, alone, constituted full consideration for payment for work that was not actually carried out by them due to the adjournment of the case by the court and the fact that their services had been terminated by the client some weeks before the vacated hearing.
The contract term was deemed unfair and therefore unenforceable because it sought to claim full fees irrespective of how or when the hearing was vacated, irrespective of the circumstances of the adjournment and in respect of which contract, the client had been given what was described as a ‘fait accompli’ agreement, the terms of which were weighted entirely in favour of the barristers.
Moreover the Court of Appeal held that the circumstances of the trial being vacated without fault on either side amounted to a frustration of the contract and that, also, made the contract unenforceable.
A claim for reasonable fees pursuant to the equitable remedy of Quantum Meruit’ was also struck down by the Court holding that such a remedy was not available for part performance of a ‘whole’ fee contract price nor was it available unless it had been so provided for in the contract, which, in this case, it had not.
The Court of Appeal rejected all 5 grounds of Appeal and therefore the Appeal was dismissed.
Jacqueline Perry KC and Alexander Bunzl acted on behalf of the Respondent.
You can read the full approved judgment here.
