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Solicitor – Costs. The master entered summary judgment for the claimant solicitors' firm, pursuant to a conditional fee agreement (CFA), for counsel's fees incurred by the first defendant, H, a liquidator. He further struck out the defendants' estoppel defence and counterclaims. The Chancery Division, in dismissing the defendants' appeal, held that, on the plain wording of the CFA, H had incurred personal responsibility for counsel's costs. Further, the decision to strike out had been faultless, but the parties would be granted a proper opportunity to argue estoppel and the counterclaims, if they were properly pleaded.
Solicitor – Costs. The master entered summary judgment for the claimant solicitors' firm, pursuant to a conditional fee agreement (CFA), for counsel's fees incurred by the first defendant, H, a liquidator. He further struck out the defendants' estoppel defence and counterclaims. The Chancery Division, in dismissing the defendants' appeal, held that, on the plain wording of the CFA, H had incurred personal responsibility for counsel's costs. Further, the decision to strike out had been faultless, but the parties would be granted a proper opportunity to argue estoppel and the counterclaims, if they were properly pleaded.
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