Rippon Patel And French LLP v Mowlam

Rippon Patel And French LLP v Mowlam

The bill had not been fully paid for the purposes of section 70(4) Solicitors Act 1974, as £13,000 VAT remained outstanding and payment into a client account does not constitute payment to the solicitor. The Master was entitled to find 'special circumstances' under section 70(3) due to ambiguity over the settlement agreement, the Respondent's understanding of damages and costs, and uncertainty over the level of costs incurred. Delay did not cause material prejudice and was properly considered. The Master was not required to impose terms not argued below.

Parties
Appellant/defendant: Rippon Patel and French LLP; Respondent/claimant: Ronald Mowlam
Jurisdiction
England and Wales
Judgment Date
06 May 2020
Procedural Posture
Civil Appeal / Judgment on Appeal From Senior Court Costs Office
Outcome
Appeal dismissed
Legal Topics
Assessment of Solicitors' Bills, Special Circumstances Under Solicitors Act 1974, Delay in Applications for Assessment, VAT on Legal Costs
Costs Law Solicitors' Practice Assessment of Solicitors' Bills Special Circumstances Under Solicitors Act 1974 Delay in Applications for Assessment VAT on Legal Costs

Case Brief

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Parties

Rippon Patel and French LLP

Appellant/defendant

Ronald Mowlam

Respondent/claimant

Procedural Posture

Civil Appeal / Judgment on Appeal From Senior Court Costs Office

Legal Issues

  1. 1 Whether the solicitor's bill had been 'paid' for the purposes of section 70(4) Solicitors Act 1974
  2. 2 Whether 'special circumstances' existed to justify a detailed assessment under section 70(3) Solicitors Act 1974
  3. 3 Whether the Master failed to consider delay and its impact on the exercise of discretion

Ratio Decidendi

The bill had not been fully paid for the purposes of section 70(4) Solicitors Act 1974, as £13,000 VAT remained outstanding and payment into a client account does not constitute payment to the solicitor. The Master was entitled to find 'special circumstances' under section 70(3) due to ambiguity over the settlement agreement, the Respondent's understanding of damages and costs, and uncertainty over the level of costs incurred. Delay did not cause material prejudice and was properly considered. The Master was not required to impose terms not argued below.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; detailed assessment of the Appellant's bill ordered; costs to follow the event and be subject to detailed assessment if not agreed; parties may make further representations on costs within seven days.