Ashfakul Bari v Arnold Rosen (t/a Ra Rosen And Co Solicitors) [2012] EWHC 1782 (QB) (28 June 2012)

Ashfakul Bari v Arnold Rosen (t/a Ra Rosen And Co Solicitors) [2012] EWHC 1782 (QB) (28 June 2012)

The retainer did not permit interim statute bills; the bills rendered were requests for payment on account and could be treated as a series culminating in a final statute bill; special circumstances justified assessment outside the one-month time limit.

Citation
[2012] EWHC 1782
Parties
Claimant (respondent): Ashfakul Bari; Defendant (appellant): Arnold Rosen (T/A RA Rosen and Co Solicitors)
Jurisdiction
England and Wales
Judgment Date
28 June 2012
Procedural Posture
Appeal / High Court (queen's Bench Division) on Appeal From Master Leonard
Outcome
Appeal dismissed
Legal Topics
Solicitor Client Costs Assessment, Interim Statute Bills, Retainer Construction, Special Circumstances Under Solicitors Act 1974
Costs Law Contract Law Legal Profession Solicitor Client Costs Assessment Interim Statute Bills Retainer Construction Special Circumstances Under Solicitors Act 1974

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Parties

Ashfakul Bari

Claimant (respondent)

Arnold Rosen (T/A RA Rosen and Co Solicitors)

Defendant (appellant)

Procedural Posture

Appeal / High Court (queen's Bench Division) on Appeal From Master Leonard

Legal Issues

  1. 1 Whether the solicitor's retainer permitted interim statute bills
  2. 2 Whether non-statute bills could be treated as a series culminating in a final statute bill for assessment
  3. 3 Whether special circumstances justified assessment outside the 12-month time limit

Ratio Decidendi

The retainer did not permit interim statute bills; the bills rendered were requests for payment on account and could be treated as a series culminating in a final statute bill; special circumstances justified assessment outside the one-month time limit.

Court Disposition

Appeal dismissed

Orders

  • Defendant to pay costs of the appeal, to be assessed at the detailed assessment hearing of the bills.
  • Defendant to pay £12,000 on account of costs within 14 days (by 4pm on 12th July 2012).