By CMLF on Monday, 15 July 2019
Category: News & Case Studies

Badaei -v- Woodwards Solicitors : an important appeal decision from the High Court on the correct forum when there is a dispute between solicitor and client as to termination of retainer

​We represented Miss.Badaei in an appeal against an order striking out her part 8 claim for orders under the Solicitors Act 1974. The court at first instance found that, where there was a dispute as to when and how the retainer had been terminated, that issue should be resolved first under separate proceedings brought via part 7, consequently the part 8 claim was premature and should be struck out.

On 4th June 2019 Mrs.Justice O'Farrell allowed the appeal, reinstating the part 8 claim under the Solicitors Act, and staying the subsequent part 7 claim brought by the solicitors.

The substantive dispute contiues.