LIST OF ISSUES. A. Jurisdiction and Standard of Review on this Appeal
LIST OF ISSUES. This page lists the issues for a particular title that are currently available on line. Each issue in the list is linked to its TOC. Some issues may be tagged as "Free Samples" and these are available for registered and authenticated users to view without charge. A link is created on this page to take the user to the appropriate journal home page of the Publisher's own site. A text field will allow a user to search for a word in the keywords or abstract from that journal. Searching requires authentication, so an unauthenticated user will be asked to login before the search results are displayed. -------------------------------------------------------------------------------- Page 2 of 12
LIST OF ISSUES. [7] Whether Xxxxxx Xxx by changing his Attorneys and discontinuing the present claim can discontinue or stop Xxxxxx & Co’s present application for assistance; or should Xxxxxx & Co have filed a separate claim which could not be discontinued by Xxxxxx Xxx? [8] Whether there was a contingency agreement between Xxxxxx and Co. and Xxxxxx Xxx in relation to the collection of the debt from the Defendants and if so what were its terms? [9] Should this court, on the facts of the present case, assist Xxxxxx & Co by granting them a charge on the monies which Xxxxxx & Co recovered from the Defendants for Xxxxxx Xxx? Background [10] In September 2013 the Claimant retained Xxxxxx & Co. to commence legal action against the Defendants for the recovery of US$3,650,000.00. [11] The terms of the retainer agreement is in issue; but Xxxxxx & Co., on or about 16th September 2013, commenced the present claim against the Defendants on behalf of Xxxxxx Xxx for the total sum (including interest) of US$4,323,185.45 [12] Eventually Xxxxxx Xxx, through the efforts of Xxxxxx and Co., before trial, obtained judgment on part of its claim against the Defendants in the sum of US$3,500,000.001. [13] Thereafter, following a disagreement with Xxxxxx & Co., (much of which took place in an exchange of emails) Xxxxxx Xxx took over further negotiations with the Defendants and in fact settled the entire claim without consulting Xxxxxx & Co., and without their further involvement. The settlement of the whole claim was in the sum of US$4,562,000.00 including legal costs of US$50,000.00. [14] There does not appear to be any dispute that only the settlement of US$3,500,000.00 was obtained by Xxxxxx & Co. exertions; although it is certainly arguable that the full amount of the eventual settlement could be so considered. [15] Shortly afterward Xxxxxx & Co delivered a Revised Pro Forma invoice dated 27th May 2014 to Xxxxxx Xxx claiming US$525,000.00 based on a contingency fee of 15% of the amount recovered (US$3,500,000.00.). [16] Xxxxxx Xxx refused to pay although, as already noted, it obtained US$50,000.00 from the Defendants in relation to legal costs of the claim. [17] Xxxxxx Xxx accepts that he is liable to pay some costs to Xxxxxx & Co., but is unclear what that sum should be2. There is therefore no issue that Xxxxxx Xxx is liable to pay Xxxxxx & Co. legal fees in relation to the present litigation; the question is the amount and when it is due. [18] During the course of the argument of this case ...
LIST OF ISSUES. A. Jurisdiction and Standard of Review on this Appeal 35. The Respondents agree with the Appellant’s position in respect of jurisdiction.
