Phillips & Co (a firm) v Bath Housing Co-Operative Ltd

Phillips & Co (a firm) v Bath Housing Co-Operative Ltd

A solicitor's claim for professional fees, even if not yet fixed by agreement or assessment, is a 'debt or other liquidated pecuniary claim' for the purposes of section 29(5) of the Limitation Act 1980, and the client's letter of 20 September 2004 constituted an acknowledgment, thereby restarting the limitation period.

Parties
Claimant/respondent: Phillips & Co (a firm); Defendant/appellant: Bath Housing Co-operative Ltd
Jurisdiction
England and Wales
Judgment Date
11 December 2012
Procedural Posture
Civil Appeal / Appeal From Salisbury County Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Acknowledgment of Debt, Limitation Periods, Solicitors' Fees, Quantum Meruit, Liquidated Claims
Limitation Law Contract Law Legal Profession Acknowledgment of Debt Limitation Periods Solicitors' Fees Quantum Meruit Liquidated Claims

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Parties

Phillips & Co (a firm)

Claimant/respondent

Bath Housing Co-operative Ltd

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Salisbury County Court to Court of Appeal

Legal Issues

  1. 1 Whether a solicitor's claim for costs not fixed by agreement or assessment is a 'debt or other liquidated pecuniary claim' under section 29(5) of the Limitation Act 1980
  2. 2 Whether the client's letter dated 20 September 2004 constituted an acknowledgment for the purposes of section 29(5) of the Limitation Act 1980

Ratio Decidendi

A solicitor's claim for professional fees, even if not yet fixed by agreement or assessment, is a 'debt or other liquidated pecuniary claim' for the purposes of section 29(5) of the Limitation Act 1980, and the client's letter of 20 September 2004 constituted an acknowledgment, thereby restarting the limitation period.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed. The claim is within section 29(5) of the Limitation Act 1980 and the letter of 20 September 2004 was an acknowledgment. The proceedings are not barred by lapse of time.