Source: All England Reporter
Publisher Citation: [2012] All ER (D) 35 (May)
Neutral Citation: [2012] EWCA Civ 546
Court: Court of Appeal, Civil Division
Judge:

Ward, Stanley Burnton and Elias LLJ
Representation Nicholas Bacon QC and Mark James (instructed by Routh Clarke, Leighton Buzzard) for the claimant.
  Bernard Livesey QC and Joshua Munro (instructed by Cawdery Kaye Fireman & Taylor) for the defendant.
Judgment Dates: 1 May 2012

Catchwords

Solicitor - Costs - Bill of costs for contentious business - Retainer - Estimate initially given by defendant firm of solicitors exceeded - Claimant not paying fees - Firm ceasing to act for claimant - Master hearing detailed assessment of firm's bill - Master finding claimant having reasonable justification for delaying payment - Defendant appealing Master's finding - Judge finding firm not having right to terminate retainer - Whether judge erring.

The Case

Solicitor Costs. The Court of Appeal, Civil Division, held that under the terms of business of its retainer, the defendant firm of solicitors had been entitled to suspend work carried out for the claimant until the claimant had paid bills issued for work that had been carried out.

Practice Areas

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