Bilkus v Stockler Brunton (a firm) [2008] EWHC 90118 (Costs) (11 November 2008)

Bilkus v Stockler Brunton (a firm) [2008] EWHC 90118 (Costs) (11 November 2008)

The defendants were not entitled to charge the £50,000 uplift as claimed because the retainer did not provide for such an uplift, the bills were final for their periods, and the uplift was sought in relation to both contentious and non-contentious business, contrary to law and the retainer.

Citation
[2008] EWHC 90118 (Costs)
Parties
Claimant: Michael Bilkus; Defendants: Stockler Brunton (a firm)
Jurisdiction
England and Wales
Judgment Date
11 November 2008
Procedural Posture
Detailed Assessment of Solicitor's Bill / Judgment on Entitlement to Uplift Fee and Amendment of Bill
Outcome
Claimant succeeds; defendants not entitled to the £50,000 uplift fee.
Legal Topics
Solicitor Client Costs, Uplift Fees, Retainer Terms, Amendment of Bills, Contentious and Non Contentious Business
Costs Solicitors' Remuneration Contract Solicitor Client Costs Uplift Fees Retainer Terms Amendment of Bills Contentious and Non Contentious Business

Case Brief

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Parties

Michael Bilkus

Claimant

Stockler Brunton (a firm)

Defendants

Procedural Posture

Detailed Assessment of Solicitor's Bill / Judgment on Entitlement to Uplift Fee and Amendment of Bill

Legal Issues

  1. 1 Whether the defendants were entitled to charge an uplift fee of £50,000 on all bills since April 2001
  2. 2 Whether the bill could be amended to claim the uplift only for non-contentious business
  3. 3 Whether the retainer permitted an uplift or value element

Ratio Decidendi

The defendants were not entitled to charge the £50,000 uplift as claimed because the retainer did not provide for such an uplift, the bills were final for their periods, and the uplift was sought in relation to both contentious and non-contentious business, contrary to law and the retainer.

Court Disposition

Claimant succeeds; defendants not entitled to the £50,000 uplift fee.

Orders

  • Defendants not entitled to the fee of £50,000 claimed as 'uplift on all bills since April 2001' in invoice number 26233/7602 dated 3rd September 2004.