Barrett v Rutt-Field & Ors [2004] EWHC 9012 (Costs) (29 January 2004)

Barrett v Rutt-Field & Ors [2004] EWHC 9012 (Costs) (29 January 2004)

The Claimant is not a client or entitled third party under the Remuneration Order, nor can she be treated as a 'quasi client'. The executor was the client. The solicitors' bills were fair and reasonable in all the circumstances, and no reduction is warranted.

Citation
[2004] EWHC 9012 (Costs)
Parties
Claimant: Wendy Barrett; First Defendant: Father Benjamin Rutt-Field; Second Defendant: Anne Matthews; Third Defendant: Marshall Sutton Jones
Jurisdiction
England and Wales
Judgment Date
29 January 2004
Procedural Posture
Probate Costs Assessment / Detailed Assessment After Order for Assessment Under Solicitors Act 1974
Outcome
Claim dismissed; bills stand as delivered; Claimant to pay Defendants' costs.
Legal Topics
Assessment of Solicitors' Bills, Beneficiary Rights, Executor Duties, Remuneration Order Interpretation
Probate Costs Solicitors' Remuneration Assessment of Solicitors' Bills Beneficiary Rights Executor Duties Remuneration Order Interpretation

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Parties

Wendy Barrett

Claimant

Father Benjamin Rutt-Field

First Defendant

Anne Matthews

Second Defendant

Marshall Sutton Jones

Third Defendant

Procedural Posture

Probate Costs Assessment / Detailed Assessment After Order for Assessment Under Solicitors Act 1974

Legal Issues

  1. 1 Whether the Claimant is a client or entitled third party under the Solicitors (Non Contentious Business) Remuneration Order 1994
  2. 2 Whether the Claimant can be treated as a 'quasi client'
  3. 3 Whether the Defendants were bound by cost estimates given to the executor

Ratio Decidendi

The Claimant is not a client or entitled third party under the Remuneration Order, nor can she be treated as a 'quasi client'. The executor was the client. The solicitors' bills were fair and reasonable in all the circumstances, and no reduction is warranted.

Court Disposition

Claim dismissed; bills stand as delivered; Claimant to pay Defendants' costs.

Orders

  • Solicitors' bills assessed as delivered; no reduction made.
  • Claimant to pay Defendants' costs assessed at £7,500 inclusive of VAT and disbursements, payable within fourteen days.