In Slade v Boodia Lord Justice Newey disagreed with both the costs judge and Slade J in their interpretation of what the Solicitors Act 1974 and the subsequent case law suggest must be included within a solicitor's bill of costs to make it a 'bill bona fide complying with [the] Act' - s69(2E) Solicitors Act … Continue reading Re-defining ‘final bill’.
Mann and Ors v Transport for London  EWCA Civ 1520. Lord Justice Lindblom on appeal from the Upper Tribunal (Lands Chamber): "The Tribunal's discretion as to costs is a deliberately broad discretion, exercisable in a wide variety of proceedings. The Rules do not contain provisions corresponding to those in the self-contained procedure in CPR … Continue reading Court of Appeal rejects attempt to inject Part 36 into Upper Tribunal Rules
The court's discretion to make a non-party costs order ("NPCO") against a director of a defendant company was considered by the Court of Appeal in Sony/ATV Music Publishing LLC and Another v WPMC Limited (In Liquidation) and Another and David Bailey  EWCA Civ 2005. The director (Mr Bailey) had taken control of WPMC Ltd … Continue reading The difference a bit of notice could make…
In Robinson -v- EMW Law LLP 2018] EWHC 1757 (Ch) Mr Justice Roth found the fact that Mr Robinson could not positively establish there was an implied agreement to pay his solicitors' fees did not leave the matter at large so that the benefit of doubt could be given to the paying party. Mr Robinson … Continue reading Presumption trumps doubt in implied retainer case.
In FPH Law (a firm) v Martyn Robert Brown (t/a Integrum Law)  EWCA Civ 1629, the defendant agreed to act for his client under the terms of a conditional fee agreement in respect of a personal injury claim that was brought against Jarvis PLC, the client's employer in 2006. In 2009, Mr Brown left … Continue reading Solicitors’ fees protected despite unenforceable CFA.
One interesting case that highlights just how far the courts are prepared to go to protect a solicitor's lien is that of Gavin Edmondson Solicitors Limited Respondent/Cross-Appellant)("Edmondson") v Haven Insurance Company (Appellant/Cross-Respondent)("Haven")  UKSC 21. The appeal arose out of Edmondson's claim against Haven for (i) wrongful inducement to Edmondson's clients to breach their retainer … Continue reading CFA Lite arrangement upheld by the Supreme Court
JSC BTA Bank v (1) Mukhtar Ablyazov (2) Ilyas Khrapunov  EWHC 1368 (Comm) concerns an application for full and proper disclosure of the Second Defendant’s method of funding the proceedings. Both Defendants were subject to a worldwide freezing order (WFO). The First Defendant had fled the jurisdiction and the proceedings were fought out between … Continue reading Disclosure of retainers – worldwide freezing orders.
How do you calculate an interim payment in costs managed cases? This question was answered by Deputy Judge Joanna Smith QC in Cleveland Bridge UK Limited v Sarens (UK) Limited  EWHC 827 (TCC). Ingredients: 1. An agreed or approved Costs Budget. 2. Any estimated costs that were never in fact incurred. 3. Any additional … Continue reading Recipe for interim payments
(1) Anita Mussell (2) David Williams -v- (1) Christopher Patience (2) Veronica Patience  EWHC 430 Ch concerns a dispute in relation to the estate of the late Louis Patience for which probate was granted some 20 years prior to this decision. The claimant executors were (1) a daughter of the deceased and (2) a … Continue reading Executors comforted by costs ruling.
A recent Court of Appeal decision (Michael Radford and another v Alejandra Frade and others  EWCA Civ 119) concerning the scope of Conditional Fee Agreements highlights the need for attention to detail and the need to review complex engagement terms as a case develops. Solicitors for the Defendants/Appellants had initially agreed to act for … Continue reading Keep one eye on the retainer.