Contractual Interpretation Of individual CFAs In A Multi Party Action

Contractual Interpretation Of Individual CFAs In A Multi Party Action

In a short judgment on costs following conclusion of the Iraqi Civilian Litigation The Hon. Mr Justice Turner was tasked with determining the proper interpretation of the individual Claimants’ CFAs insofar as they allowed for recovery of staged success fees.

BLYTH & ANOR V NELSONS SOLICITORS LTD [2019] EWHC 2063 (QB)

Oral Contracts And An Appellate Court’s Approach To Findings Of Fact

The appellants in this case are former clients of the respondent firm of solicitors. They alleged that in the course of a contentious probate dispute concerning the will and estate of their late father, an oral agreement had been reached to cap their legal costs to those set out in their Precedent H costs budget. At first instance Master Whalan found that there had been no such agreement. This was upheld on appeal by Mr Justice Stewart. The decision provides a useful round up and examination of the law and principles related to both an appellate court’s approach to findings of fact and contractual interpretation.