Ashfakul Bari v Arnold Rosen (t/a Ra Rosen And Co Solicitors)

Ashfakul Bari v Arnold Rosen (t/a Ra Rosen And Co Solicitors)

The retainer letter did not entitle the solicitor to issue interim statute bills; the series of bills rendered were requests for payment on account and could be treated as a single final statute bill for assessment; special circumstances existed justifying assessment outside the statutory time limit.

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 / Judgment on Appeal From Master Leonard
Outcome
Appeal dismissed
Legal Topics
Solicitor Client Costs Assessment, Retainer Interpretation, Statute Bills, Special Circumstances for Assessment, Chamberlain Bills
Costs Contract Civil Procedure Solicitor Client Costs Assessment Retainer Interpretation Statute Bills Special Circumstances for Assessment Chamberlain Bills

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Parties

Ashfakul Bari

Claimant (respondent)

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

Defendant (appellant)

Procedural Posture

Appeal / Judgment on Appeal From Master Leonard

Legal Issues

  1. 1 Whether the solicitor was contractually entitled to issue interim statute bills
  2. 2 Whether the series of bills could be treated as a single final statute bill for assessment
  3. 3 Whether special circumstances justified assessment outside the statutory time limit

Ratio Decidendi

The retainer letter did not entitle the solicitor to issue interim statute bills; the series of bills rendered were requests for payment on account and could be treated as a single final statute bill for assessment; special circumstances existed justifying assessment outside the statutory time limit.

Court Disposition

Appeal dismissed

Orders

  • Defendant to pay costs of the appeal
  • Costs to be assessed at detailed assessment hearing