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.

For Your Information

CPR 46.9(3)(c)(ii) | Is Informed Consent Required? | And The One Fifth Rule

In Belsner v Cam Legal Services Ltd, Mr Justice Lavender determined that 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.

Suing For Unpaid Fees? | Statute Bills And The Client’s Right To Challenge

Suing for unpaid fees? In this case The Hon. Mr Justice Butcher considered the rights of the client upon being sued for payment of unpaid fees to challenge the amount of those fees sought by way of non statutory assessment.

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.

Narayanasamy v Karim & Anor [2020] EWHC B22

The Limitation Act 1980 And Recovery Of Unpaid Solicitors’ Fees

When does the six year limitation period begin to run for the purpose of recovering unpaid fees?

Applying principles established by the Court of Appeal in the nineteenth century case of Coburn v Colledge [1897] 1 QB 702 Master Leonard found that the contract of retainer between the solicitor and his client had ended in April 2013 when the solicitor’s partnership was converted to a limited company and he ceased to practice in his own name.

Consequently, it was determined that, despite the final bill not having been rendered until January 2014, any right to take legal action to recover payment for his legal services had been statute barred since the beginning of April 2019.

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.