Sprey v Rawlison Butler LLP [2018] EWHC 354 (QB) (26 February 2018)

Sprey v Rawlison Butler LLP [2018] EWHC 354 (QB) (26 February 2018)

The discounted monthly invoices rendered under the CFA were not interim statute bills but payments on account or Chamberlain bills; the CFA did not permit or anticipate the rendering of interim statute bills; there was no inferred agreement by conduct to treat the monthly bills as statute bills; therefore, the time limits for assessment under s.70 Solicitors Act 1974 did not run from delivery of those invoices.

Citation
[2018] EWHC 354
Parties
Claimant/appellant: Laurence Sprey; Defendant/respondent: Rawlison Butler LLP
Jurisdiction
England and Wales
Judgment Date
26 February 2018
Procedural Posture
Appeal From Senior Courts Costs Office Decision / Judgment on Appeal
Outcome
Appeal allowed
Legal Topics
Solicitor Client Costs, Conditional Fee Agreements, Statute Bills, Detailed Assessment, Interim Billing
Costs Law Contract Law Solicitor Client Costs Conditional Fee Agreements Statute Bills Detailed Assessment Interim Billing

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Parties

Laurence Sprey

Claimant/appellant

Rawlison Butler LLP

Defendant/respondent

Procedural Posture

Appeal From Senior Courts Costs Office Decision / Judgment on Appeal

Legal Issues

  1. 1 Whether monthly bills delivered under a discounted conditional fee agreement are 'statute bills' under the Solicitors Act 1974 and thus capable of detailed assessment under s.70
  2. 2 Whether the agreement permitted the rendering of interim statute bills
  3. 3 Whether there was an inferred agreement by conduct that the monthly bills were statute bills

Ratio Decidendi

The discounted monthly invoices rendered under the CFA were not interim statute bills but payments on account or Chamberlain bills; the CFA did not permit or anticipate the rendering of interim statute bills; there was no inferred agreement by conduct to treat the monthly bills as statute bills; therefore, the time limits for assessment under s.70 Solicitors Act 1974 did not run from delivery of those invoices.

Court Disposition

Appeal allowed

Orders

  • Master Rowley's decision set aside; parties to agree consequential order