Morwenna Macro has written a short case analysis for LexisNexis UK in relation to the case Glaser KC and another v Atay [2024] EWCA Civ 1111.
This is available with a Lexis Nexis subscription here: https://www.lexisnexis.co.uk/legal/news/consumer-contract-unfair-terms-legal-sector-glaser-kc-miller-v-atay
Summary:
Barristers failed in their appeal from a finding that a term in their contract with a direct access client was unfair under the Consumer Rights Act 2015 (CRA 2015). A term providing that the full fee was payable where a hearing was adjourned for any reason, regardless of whether any work had been done or benefit was received by the client, was found to be unfair and unenforceable. Further, no quantum meruit claim (contractual or for unjust enrichment) was made out. As a result, no fee was payable. This case gives guidance as to the evaluative task undertaken by the court in assessing whether a consumer contract term is unfair; and is a salutary warning to legal professionals to ensure that their contract terms are carefully considered so that they do not unfairly balance the risks in favour of the lawyer.