Bilkus v Stockler Brunton (A Firm) (Rev 1)

Bilkus v Stockler Brunton (A Firm) (Rev 1)

The solicitors' work in relation to the valuation was contentious business as it was carried out pursuant to a court order and directions, forming part of the proceedings until the relief was fully ascertained. The retainer agreement applied to all work, and no uplift could be charged beyond the agreed hourly rates. The solicitors were not permitted to amend their invoice as no genuine mistake was established.

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
Outcome
Appeal dismissed
Legal Topics
Contentious Vs Non Contentious Business, Solicitors Act 1974, Retainer Agreements, Amendment of Invoices
Costs Solicitors' Remuneration Contentious Vs Non Contentious Business Solicitors Act 1974 Retainer Agreements Amendment of Invoices

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Parties

Michael Bilkus

Claimant/respondent

Stockler Brunton (a firm)

Defendant/appellant

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the solicitors' work was contentious or non-contentious business under the Solicitors Act 1974
  2. 2 Whether the solicitors were entitled to a value element (uplift) under the retainer agreement
  3. 3 Whether the solicitors could amend their invoice to claim an uplift

Ratio Decidendi

The solicitors' work in relation to the valuation was contentious business as it was carried out pursuant to a court order and directions, forming part of the proceedings until the relief was fully ascertained. The retainer agreement applied to all work, and no uplift could be charged beyond the agreed hourly rates. The solicitors were not permitted to amend their invoice as no genuine mistake was established.

Court Disposition

Appeal dismissed

Orders

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