Glaser v Atay

Subject Matter

CONSUMER PROTECTION — Contract — Unfair terms — Wife directly instructing counsel to act for her in financial remedy proceedings — Agreement between wife and counsel providing for bulk of fees to be paid before final hearing — Payment term stipulating that fees remaining payable if final hearing adjourned — Whether payment term unfair — Whether counsel nevertheless entitled to payment of proportion of fees by way of quantum meruit — Consumer Rights Act 2015 (c 15), ss 62, 64(1)(6), Sch 2, para 5

[2023] EWHC 2539 (KB); [2024] 1 WLR 1733; [2024] 3 All ER 319; [2024] 1 FLR 1115; [2023] WLR(D) 417, KBD

CONSUMER PROTECTION — Contract — Unfair terms — Wife directly instructing counsel to act for her in financial remedy proceedings — Agreement between wife and counsel providing for bulk of fees to be paid before final hearing — Payment term stipulating that fees remaining payable if final hearing adjourned — Whether payment term unfair — Whether counsel nevertheless entitled to payment of reasonable fee by way of quantum meruit — Consumer Rights Act 2015 (c 15), ss 62, 64, 67, Sch 2, para 5

[2024] EWCA Civ 1111; [2025] 1 WLR 1627; [2025] 2 All ER 302; [2025] 1 FLR 852; [2024] WLR(D) 427, CA

Appellate History