Bilkus v Stockler Brunton (A Firm) (Rev 1) [2010] EWCA Civ 101 (16 February 2010)

Bilkus v Stockler Brunton (A Firm) (Rev 1) [2010] EWCA Civ 101 (16 February 2010)

The work done by the solicitors in relation to the valuation was contentious business as it was performed pursuant to a court order and as part of the relief awarded in proceedings; therefore, no uplift could be claimed. Additionally, the retainer agreement specified hourly rates and did not permit any value element or uplift. The solicitors were not entitled to amend their invoice as there was no genuine mistake justifying such amendment.

Citation
[2010] EWCA Civ 101
Parties
Claimant/respondent: Michael Bilkus; Defendant/appellant: Stockler Brunton (a firm)
Jurisdiction
England and Wales
Judgment Date
16 February 2010
Procedural Posture
Appeal / Court of Appeal Judgment on Appeal From High Court (chancery Division)
Outcome
Appeal dismissed
Legal Topics
Contentious Vs Non Contentious Business, Solicitors Act 1974, Solicitors' (non Contentious Business) Remuneration Order 1994, Retainer Agreements, Amendment of Solicitors' Bills, Detailed Assessment of Costs
Costs Law Solicitors' Remuneration Civil Procedure Contentious Vs Non Contentious Business Solicitors Act 1974 Solicitors' (non Contentious Business) Remuneration Order 1994 Retainer Agreements Amendment of Solicitors' Bills +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 9 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Michael Bilkus

Claimant/respondent

Stockler Brunton (a firm)

Defendant/appellant

Procedural Posture

Appeal / Court of Appeal Judgment on Appeal From High Court (chancery Division)

Legal Issues

  1. 1 Whether the work for which the value element was claimed was contentious or non-contentious business under the Solicitors Act 1974
  2. 2 Whether the terms of the retainer permitted a value element or uplift to be charged
  3. 3 Whether the solicitors should be permitted to amend their invoice to claim an uplift

Ratio Decidendi

The work done by the solicitors in relation to the valuation was contentious business as it was performed pursuant to a court order and as part of the relief awarded in proceedings; therefore, no uplift could be claimed. Additionally, the retainer agreement specified hourly rates and did not permit any value element or uplift. The solicitors were not entitled to amend their invoice as there was no genuine mistake justifying such amendment.

Court Disposition

Appeal dismissed

Orders

  • Solicitors not entitled to £50,000 uplift
  • Solicitors to pay £50,000 to Mr Bilkus