Daniel Kenig v Thomson Snell & Passmore LLP

Daniel Kenig v Thomson Snell & Passmore LLP

The Court of Appeal held that beneficiaries applying under section 71(3) are not restricted by the Tim Martin 'blue pencil' test and may challenge both scope and quantum of solicitors’ fees paid from estate assets, even after executor approval and payment, subject to court discretion and consideration of their independent interests.

Parties
Claimant/respondent: Daniel Kenig; Defendant/appellant: Thomson Snell & Passmore LLP
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Civil Appeal / Appeal From High Court Costs Judge Decision
Outcome
Appeal dismissed
Legal Topics
Assessment of Solicitors' Bills, Beneficiary Rights, Statutory Interpretation, Fiduciary Duties
Trusts and Estates Costs Solicitors' Remuneration Assessment of Solicitors' Bills Beneficiary Rights Statutory Interpretation Fiduciary Duties

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Parties

Daniel Kenig

Claimant/respondent

Thomson Snell & Passmore LLP

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From High Court Costs Judge Decision

Legal Issues

  1. 1 Whether beneficiaries can challenge solicitors' fees paid from estate under section 71(3) of the Solicitors Act 1974
  2. 2 Whether Tim Martin restrictions apply to section 71(3) applications
  3. 3 Effect of executor's approval and payment of bills on beneficiary's right to assessment

Ratio Decidendi

The Court of Appeal held that beneficiaries applying under section 71(3) are not restricted by the Tim Martin 'blue pencil' test and may challenge both scope and quantum of solicitors’ fees paid from estate assets, even after executor approval and payment, subject to court discretion and consideration of their independent interests.

Court Disposition

Appeal dismissed

Orders

  • Section 71(3) assessment of solicitors’ bills to proceed
  • Costs Judge Brown’s order upheld