- Releasing funds in court subject to proprietary claims for defendant’s legal expenses (Skatteforvaltningen v Solo Capital Partners)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Dispute Resolution analysis: The High Court granted permission for funds, held by the court and subject to a proprietary claim by the claimant (SKAT), to be partially released in order to pay the legal expenses of a group of defendants (the Sanjay Shad Defendants). The Sanjay Shah Defendants would shortly be required to pay sums falling under a Conditional Fee Agreement (CFA) to their legal representatives. The CFA, which provided for discounted upfront fees, could be terminated if the sums were not paid on time. There were no alternative funds available prior to the first CFA payment deadline and the balance of the parties’ competing interests was in favour of a partial release of the sums paid into court which reflected the reasonable costs to be incurred in the short term. The court refused to release sums to pay a second installment due at a later date as the circumstances may have changed by then and the Sanjay Shah Defendants could make a further application. Written by Francesca Perselli, barrister, at Maitland Chambers.
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