Candey Ltd v Bosheh & Anor (2021)
Candey Ltd v Bosheh & Anor (2021)
The Facts
The claimant acted as a solicitor for the defendants under a CFA. Shortly before trial the defendants disinstructed the claimant and settled their action on a “drop hands” basis. The settlement effectively deprived the claimant of its costs and the claimant alleged that the defendants were under a duty to the claimant (as their solicitor) to act in their solicitor’s best interests and only act good faith, but that the defendants had breached this implied term.
The Issue
The claimant was retained under a CFA. Was it an implied term of the litigation retainer that a client must act in the solicitor’s best interests and only act in good faith?
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