A retired Liverpool footballer has lost his appeal against a costs judgment which ordered him to pay his former solicitors £120,000.

Former Republic of Ireland international Steve Finnan instructed litigation specialist Candey to act on his behalf in proceedings against his brother Sean in relation to a business dispute. The pair ran a property development business.

A settlement for a reported £4m was agreed on the third day of the trial. Candey then invoiced Finnan seeking payment of £100,000 plus VAT. The lead solicitor stated the invoice was an interim invoice and a further invoice would follow. A second invoice for £59,245 plus VAT was sent shortly after but was later withdrawn.

A costs judge decided the agreement between Finnan and Candey was a ‘contentious business agreement in the form of a CFA [conditional fee agreement]’ and ordered that Finnan pay Candey £120,000 plus interest and costs. Finnan appealed.

Dismissing the appeal on all grounds, His Honour Judge Cadwallader found that the costs judge had not erred. He said one clause of the agreement ‘was intended to involve a liability on the part of Mr Finnan to pay the [firm] at hourly rates, albeit one which would be waived in certain circumstances’ and that under another clause Finnan ‘would be liable for the £60,000 plus VAT whether successful or not’.

Finding the costs judge was ‘right to conclude that this was an enforceable contentious business agreement’, HHJ Cadwallader said: ‘What the respondent did after the agreement is irrelevant to the certainty of the agreement itself. This is a matter of construction, not a matter of uncertainty.’

Last December, a £6m professional negligence claim brought by Steve Finnan against Charles Russell Speechlys, the law firm he engaged before Candey, was struck out by the High Court.

 

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