The appellants, a law firm and its principals, appealed a charging order granted by the application judge in favour of the respondent law firm.
The respondent had been retained as co-counsel on a contingency fee basis to assist with two minor plaintiffs' claims but the relationship broke down and the appellants terminated the agency agreements without paying the respondent's fees and disbursements.
The respondent applied for charging orders under section 34 of the Solicitors Act to secure payment from any eventual recovery.
The Court of Appeal upheld the charging orders, finding that all elements of the test were satisfied and that the order would apply only to the contingency fee percentage and disbursements, not the entire recovery.
