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’.
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.
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
(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.
An interesting decision from SCCO Costs Judge, Master James in Hanley v JC & A Solicitors Limited [SCCO Ref JJ 1706056] concerning an application by a former client for the delivery up of the solicitor’s full file of papers. The Claimant was seeking to challenge the deduction of the solicitor’s fees from his damages under the … Continue reading SCCO deals blow to new CFA challenges.
A common practice is for solicitors to agree, within the terms of their engagement letters, to send clients ‘interim statute bills’ during the course of a matter. Interim statute bills are, of course, bills that are compliant with the provisions of the Solicitors Act 1974 and are ‘final invoices’ for the period covered by … Continue reading Interim billing conundrum
Lexlaw Ltd v Mrs Shaista Zuberi  EWHC 1350 (Ch) This case concerns Lexlaw’s claim in respect of unpaid solicitor’s fees which Mrs Zuberi disputes on various grounds including, undue influence, misrepresentation, negligence and/or breach of tortious, contractual and/or fiduciary duties but the issue for consideration at a forthcoming preliminary issues hearing concerns "Whether the … Continue reading DBAs & Déjà vu