Master Leonard has followed the Court of Appeal's recent decision in Budana, in what appears to be a very interesting case between the well known boxing promoter Frank Warren and his Solicitor. The dispute stems from Mr Warren seeking to interpret his CFA retainer with his Solicitor as meaning that he was under no obligation to pay fees in circumstances where although successful in his substantive claims, he had subsequently failed to make a financial recovery due to his opponents' bankruptcy.
Master Leonard held that the definition of a "Win" under the CFA had been triggered, and the contractual position was in accordance with the CFA terms and as the Solicitor had evidenced. The Master seemingly found Mr Warren's evidence to be "inconsistent" and contrary to the evidence.
This is another example of the Courts, in this instance a very experienced Costs Judge, taking a pragmatic and commercial approach to a CFA retainer.
Boxing promoter Warren loses twin challenges to CFAs