Brassington v Knights Professional Services Ltd [2023] EWHC 1568 (Ch)
Deputyship and employment dispute The claimant solicitor had been a salaried partner at the defendant law firm. When she resigned, the firm for the first time sought payment of £211,632.76 so-called "work in progress" which had accumulated over six years, of which £166,468.97 was for time costs which had been disallowed by the SCCO in deputyship cases (it was the firm's practice never to write off these costs). The firm relied on badly drafted engagement letters to argue that she, rather than "P", was their client (stating in litigation that "Knights has no duty or obligation to the various patients whom Katie accepted responsibility for") and that she was personally liable to the firm for all unpaid fees. The court had no hesitation in deciding that that she had been contracting solely as deputy, and as agent, for "P", and had accepted no personal liability: summary judgment was given in her favour.
Headnote from judgment itself
Court of Protection – Deputyship – Whether a professional deputy who engages her solicitors' practice to act in a professional capacity in connection with the deputyship assumes any personal liability for payment of fees, disbursements and expenses – Whether the deputy contracts solely as agent for the protected person – Construction of terms of engagement
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