Source: All England Reporter
Publisher Citation: [2007] All ER (D) 05 (Feb)
Neutral Citation: [2007] EWHC 133 (Ch)
Court: Chancery Division
Judge:

Mann J
Representation Michael Hartman (instructed by the Bar Public Access Scheme) for the appellant.
  Bruce Monnington (instructed by The Specter Partnership) for the first respondent.
  James Couser (instructed by Blake Lapthorn Tarlo Lyons) for the third respondents.
  The second respondent did not appear and was not represented.
Judgment Dates: 1 February 2007

Catchwords

Solicitor - Costs - Contentious business - Appellant instructing first respondent to act in litigation - Appellant signing first respondent's terms of engagement agreement - First respondent subsequently presenting winding up petition against appellant company - Appellant company being wound up - Appellant seeking to have winding up order rescinded on basis of parties' agreement being contentious business agreement - District judge rejecting application - Whether district judge erring - , s 59, 61.

The Case

In a case where, inter alia, a dispute arose as to whether an agreement entered into between a company and the first respondent firm of solicitors was a contentious business agreement (CBA) within the meaning of s59 of the the court held that the agreement in question lacked the necessary degree of certainty for it to have been characterised as a CBA.

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