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Contract – Mutuality – Breach of contract. Court of Session: In an action in which solicitors sued for professional fees for acting on the defender's behalf in a professional negligence action, and in which the defender contended that no fees were due as the pursuers were in material breach of contract, the court held that the pursuers were not, at the time when the defender withdrew its instructions, in material breach of their contractual duties, and it followed that they were entitled to payment for their contractual services to the defender and that the defender's counterclaim for damages for breach of contract must be rejected.
Contract – Mutuality – Breach of contract. Court of Session: In an action in which solicitors sued for professional fees for acting on the defender's behalf in a professional negligence action, and in which the defender contended that no fees were due as the pursuers were in material breach of contract, the court held that the pursuers were not, at the time when the defender withdrew its instructions, in material breach of their contractual duties, and it followed that they were entitled to payment for their contractual services to the defender and that the defender's counterclaim for damages for breach of contract must be rejected.
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