Phillips & Co (a firm) v Bath Housing Co-Operative Ltd [2012] EWCA Civ 1591 (11 December 2012)

Phillips & Co (a firm) v Bath Housing Co-Operative Ltd [2012] EWCA Civ 1591 (11 December 2012)

A solicitor's claim for professional fees, even if not yet fixed by agreement or assessment, is a 'debt or other liquidated pecuniary claim' within section 29(5) of the Limitation Act 1980, and the client's letter of 20 September 2004 constituted an acknowledgment, restarting the limitation period.

Citation
[2012] EWCA Civ 1591
Parties
Claimant/respondent: Phillips & Co (a firm); Defendant/appellant: Bath Housing Co-operative Ltd
Jurisdiction
England and Wales
Judgment Date
11 December 2012
Procedural Posture
Civil Appeal / Appeal From Salisbury County Court to Court of Appeal (civil Division)
Outcome
Appeal dismissed
Legal Topics
Limitation Periods, Acknowledgment of Debt, Solicitors' Fees, Quantum Meruit, Liquidated and Unliquidated Claims
Civil Procedure Contract Law Limitation Law Limitation Periods Acknowledgment of Debt Solicitors' Fees Quantum Meruit Liquidated and Unliquidated Claims

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Parties

Phillips & Co (a firm)

Claimant/respondent

Bath Housing Co-operative Ltd

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Salisbury County Court to Court of Appeal (civil Division)

Legal Issues

  1. 1 Whether a solicitor's claim for fees not fixed by agreement or assessment is a 'debt or other liquidated pecuniary claim' under section 29(5) of the Limitation Act 1980
  2. 2 Whether the client's letter dated 20 September 2004 constituted an acknowledgment for the purposes of section 29(5)

Ratio Decidendi

A solicitor's claim for professional fees, even if not yet fixed by agreement or assessment, is a 'debt or other liquidated pecuniary claim' within section 29(5) of the Limitation Act 1980, and the client's letter of 20 September 2004 constituted an acknowledgment, restarting the limitation period.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed; the claim may proceed as regards other defences.