Davis LLP v. Statham

Davis LLP v. Statham

Applying s.71(4) and relevant authorities the Registrar found the work was largely necessary and reasonable but reduced the professional fees to $48,000 (with tax $5,760), disallowed an unexplained trust administration fee, disallowed contractual interest because the retainer did not state an annual rate, allowed...

Source-derived case information.

Citation
2013 BCSC 2035
Parties
Solicitors: Davis LLP; Client: Bruce Edward Statham
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
8 November 2013
Procedural Posture
Review of Solicitor's Bill Under the Legal Profession Act / Registrar Review and Reasons for Decision (certificate to Follow)
Outcome
Bill partially upheld and reduced; fees and disbursements allowed in reduced amounts; contractual interest disallowed; interest allowed only under Court Order Interest Act; costs of review fixed.
Legal Topics
Fee Review, Retainer Agreement, Interest on Fees, Security for Costs, Costs Award, Client Conduct
Source Language
english
Family Law Legal Profession/fee Review Contract Law Fee Review Retainer Agreement Interest on Fees Security for Costs Costs Award +1 more

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Parties

Davis LLP

Solicitors

Bruce Edward Statham

Client

Procedural Posture

Review of Solicitor's Bill Under the Legal Profession Act / Registrar Review and Reasons for Decision (certificate to Follow)

Legal Issues

  1. 1 Whether the fees billed by Davis LLP were necessary and reasonable
  2. 2 Whether specific disbursements (TAF) should be allowed
  3. 3 Whether contractual interest could be claimed or was barred by the Interest Act

Ratio Decidendi

Applying s.71(4) and relevant authorities the Registrar found the work was largely necessary and reasonable but reduced the professional fees to $48,000 (with tax $5,760), disallowed an unexplained trust administration fee, disallowed contractual interest because the retainer did not state an annual rate, allowed interest only under the Court Order Interest Act from the date the final bill was delivered, fixed review costs at $3,000, and certified a total allowed amount of $55,328.74 with a balance owing of $38,891.90 after payments.

Court Disposition

Bill partially upheld and reduced; fees and disbursements allowed in reduced amounts; contractual interest disallowed; interest allowed only under Court Order Interest Act; costs of review fixed.

Orders

  • Allowed professional fees set at $48,000
  • Allowed tax on fees of $5,760 (12%)