Aratra Potato Company Ltd v Taylor Joynson Garrett (A Firm)
| Jurisdiction | England & Wales |
| Date | 1995 |
| Court | Queen's Bench Division |
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13 cases
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Thai Trading v Taylor
...the decisions of the Divisional Court in British Waterways Board v Norman (1993) 22 HLR 232 and of Garland J in Aratra Potato Co Ltd v Taylor Johnson Garrett [1995] 4 All ER 695, to hold that the agreement, being an agreement for a contingent fee, was contrary to public policy and so void. ......
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Diag Human SE v Volterra Fietta (A Firm)
...has paid pursuant to the unenforceable September 2017 Agreement. 78 The solicitors rely upon the decision of Garland J in Aratra Potato Co Ltd v Taylor Joynson Garrett [1995] 4 All ER 695. There the solicitors acted for their clients pursuant to a champertous contingency fee agreement that......
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Quayum v Hexagon Trust Company (CI) Ltd
...S.J. Barrie for the plaintiffs; W.J. Helfrecht for the defendant. Cases cited: (1) Aratra Potato Co. Ltd. v. Taylor Joynson Garrett, [1995] 4 All E.R. 695; (1995), 145 New L.J. 1402, not followed. (2) Awwad v. Geraghty & Co., [2001] Q.B. 570; [2000] 1 All E.R. 608, not followed. (3) Baker v......
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Diag Human SE v Volterra Fietta (A Firm)
...that unjust enrichment is simply not available to Volterra Fietta.” 44 Mr Bacon QC had argued that the case of Aratra Potato Co Ltd v Taylor Joynson Garrett (a firm) [1995] 4 All ER 695 was authority to the effect that no repayment of fees already paid under an unenforceable retainer shoul......
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1 firm's commentaries
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The Enforceability Of Conditional Fee Agreements: Diag Human v Volterra Fietta [2022] EWHC 2054 (QB)
...Repayable To Clients Under Unenforceable Retainer Contracts? Volterra relied on Aratra Potato Co Ltd v Taylor Joynson Garrett (a firm) [1995] 4 All ER 695 to argue that it was not possible to order a repayment of the monies without Diag making a restitutionary claim (Diag had not made any s......
2 books & journal articles
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VITIATING FACTORS IN CONTRACT LAW — SOME KEY CONCEPTS AND DEVELOPMENTS
...that “[c]hamperty is a variety of maintenance”. 339 Supra n 338; and overruling Aratra Potato Co Ltd v Taylor Joynson Garrett (a firm)[1995] 4 All ER 695 and British Waterways Board v Norman(1993) 26 HLR 232. Contra now Hughes v Kingston upon Hull City Council[1999] 2 All ER 49 where the co......
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Conditional Fees: The Ethical and Organisational Impact on the Bar
...Firm) vTaylor [1998] 2 WLR 893 the Court of Appeal overruled the decision inAratra Potato Co Ltd vTaylor Joynson and Garrett (a Firm) [1995] 4 All ER 695 and held thatsolicitors’ speculative arrangements did not infringe the law of maintenance. However, in ThomasHughes vKingston-Upon-Hull C......