increase

s70(3) | ‘Exceptional Increase’ In Hourly Rates Gives Rise To Special Circumstances

The Claimant solicitors acted for the Claimant in matrimonial proceedings between November 2013 and September 2018. Following a “long history of protracted, difficult litigation” including a divorce suit, ancillary relief and Family Law Act non-molestation and occupation order applications the Claimant faced total legal costs in the sum of £263,426.11.

Clock is ticking

Interim Statute Bills | Does Your Retainer Allow Them?

In this SCCO decision on a preliminary issue before the start of a Solicitors Act assessment Master Rowley found that whilst the interim statute bills rendered to the client by his solicitors throughout the life of the retainer were to all intents and purpose statute in form and content, the retainers (private and then CFA) did not allow them to be rendered.

Informed Consent

CPR 46.9 | Fiduciary Duties And Informed Consent

A solicitor who wishes to rely on having been given informed consent for the purposes of CPR 46.9(2) must not only point to a written agreement which meets the requirements of the rule, but must also show that his client gave informed consent to that agreement insofar as it permitted payment to the solicitor of an amount of costs greater than that which the client could have recovered from another party to the proceedings. For this purpose, the solicitor must show that he made sufficient disclosure to the client.

Interim Statute Bills Versus Requests For Payment On Account

“It is entirely routine for clients to seek Section 70 Detailed Assessment and for there to be a dispute between the parties as to whether the Bill in question is an interim statute, or interim non-statute, Bill. If the Solicitor prevails in arguing that it is an interim statute Bill and beyond the scope of Detailed Assessment, that is the end of it. However, if the client prevails in arguing that it is an interim non-statute Bill, the usual outcome is for an order that the Solicitor should render a final Bill for those costs, that will enable the same to be assessed as the client wishes.”

Rippon Patel And French LLP v Mowlam [2020] EWHC 1079 (QB)

Solicitors Act 1974 | Part Payments, Delay And Special Circumstances

This was an appeal from a decision of Master Nagalingam in which he found that a bill rendered by the solicitors to their former client had not been paid and that “special circumstances” existed such that a detailed assessment, pursuant to section 70 of the Solicitors Act 1974, should be carried out.

AINSWORTH V STEWARTS LAW LLP

Points Of Dispute In Solicitor And Client Assessments | The Court Of Appeal Speaks

The Court of Appeal has upheld the decision of both Master Gordon-Saker (at first instance) and HHJ Klein (on appeal) which we reported last year that the former client’s Points of Dispute on a Solicitors Act assessment between himself and his former solicitors were insufficiently particularised as to afford the solicitors to know the case against them and meaningfully respond in advance of the assessment hearing.

CFA Is A Contentious Business Agreement

CFA Is A Contentious Business Agreement, High Court Rules

The Law Society’s Model Form CFA contains a specific clause providing that “The parties acknowledge and agree that this agreement is not a Contentious Business Agreement within the terms of the Solicitors Act 1974.”. It was argued by the solicitors in this case that even absent this specific clause (as was the case here) any CFA which provides that no fees are recoverable in the event of failure, cannot be a Contentious Business Agreement within the meaning of s59 Solicitors Act 1974

Informed Consent

CPR 46.9(3) | Informed Consent In Solicitors Act Detailed Assessments

Master Victoria McCloud (sitting as a Deputy Costs Judge in the SCCO) determined preliminary issues in the course of a detailed assessment proceeding under the Solicitors Act 1974, namely:
whether the entirety of the solicitors’ fees were incurred with the client’s consent in the sum claimed; or, alternatively
if not whether at least the level of success fee was incurred with consent.

AINSWORTH v STEWARTS LAW [2019] EWCA Civ 897

Points Of dispute In Solicitor And Client Assessments | It’s In The Detail

This was an appeal from a decision of Master Gordon-Saker made in the course of detailed assessment proceedings brought under s70 Solicitors Act 1974. The Master had summarily dismissed the claimant’s points of dispute on work done on documents, on grounds that they did not further the overriding objective. Specifically, the points of dispute were not, “to the point”. They did not summarise all of the particular objections to the specific points which the claimant wished to advance at the hearing so that the court and the defendant knew or knew sufficiently the case the defendant had to meet.