Kenig v Thomson Snell & Passmore LLP [2024] EWCA Civ 15 (18 January 2024)

Kenig v Thomson Snell & Passmore LLP [2024] EWCA Civ 15 (18 January 2024)

The restrictions outlined in Tim Martin do not apply to section 71(3) assessments; beneficiaries are entitled to a broader assessment of solicitors' bills, including quantum, and executor approval does not bar such challenges. The Court of Appeal upheld the Costs Judge's order for assessment under section 71(3).

Source-derived case information.

Citation
[2024] EWCA Civ 15
Parties
Claimant/respondent: Daniel Kenig; Defendant/appellant: Thomson Snell & Passmore LLP
Jurisdiction
England and Wales
Judgment Date
18 January 2024
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Assessment of Solicitors' Bills, Beneficiary Rights, Statutory Interpretation, Fiduciary Duties, Special Circumstances
Costs Trusts and Estates Solicitors' Remuneration Assessment of Solicitors' Bills Beneficiary Rights Statutory Interpretation Fiduciary Duties Special Circumstances

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Parties

Daniel Kenig

Claimant/respondent

Thomson Snell & Passmore LLP

Defendant/appellant

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the restrictions outlined in Tim Martin Interiors Ltd v Akin Gump LLP apply to an assessment under section 71(3) of the Solicitors Act 1974
  2. 2 Whether a beneficiary can challenge solicitors' fees paid from estate assets under section 71(3)
  3. 3 Effect of executor's approval of bills on beneficiary's right to challenge

Ratio Decidendi

The restrictions outlined in Tim Martin do not apply to section 71(3) assessments; beneficiaries are entitled to a broader assessment of solicitors' bills, including quantum, and executor approval does not bar such challenges. The Court of Appeal upheld the Costs Judge's order for assessment under section 71(3).

Court Disposition

Appeal dismissed

Orders

  • Assessment of solicitors' bills under section 71(3) of the Solicitors Act 1974 upheld
  • Costs Judge's order affirmed