“…the Defendants have already accepted for the purposes of these proceedings that the Claimant’s General Retainer invoices, whether individually or collectively, had the status of a statute bill or bills, and both parties are now in consequence bound by a judgment that can only have been given on that basis. It is, as Mr Slade has said, too late for them to pursue another case now.”
Following judgment for the Defendant in this case, the court awarded costs on the standard basis along with pre judgment interest at 2% pursuant to CPR 44.2(6)(g). The Judge went on to consider an appropriate payment on account. In line with developing case law, in particular the decisions in MacInnes v Gross  4 WLR 49 and Thomas Pink Ltd. v Victoria’s Secret UK Ltd.  EWHC 3258 (Ch) he awarded 90% of the budgeted costs as against 50% offered by the Claimant.
Master Gordon-Saker determined in this case that the solicitors’ retainer letter did not entitle them to render interim statute bills to their client as, whilst it entitled them to invoice the client monthly, it did not expressly provide that such invoices would be final bills for the periods that they covered.