Bilkus v Stockler Brunton (a firm)

Bilkus v Stockler Brunton (a firm)

The Defendants were not entitled to charge the £50,000 uplift fee as described, since the retainer did not permit such an uplift, the bills were final for their periods, and no agreement for an uplift was made.

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
Outcome
Fee not allowed
Legal Topics
Solicitor Client Costs, Retainer Terms, Uplift Fees, Detailed Assessment
Costs Law Contract Law Solicitor Client Costs Retainer Terms Uplift Fees Detailed Assessment

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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

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 amount is reasonable
  3. 3 Whether the business was contentious or non-contentious

Ratio Decidendi

The Defendants were not entitled to charge the £50,000 uplift fee as described, since the retainer did not permit such an uplift, the bills were final for their periods, and no agreement for an uplift was made.

Court Disposition

Fee not allowed

Orders

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