David Wyld & Co, Solicitors v Dadourian & Anor [2011] EWHC 1517 (QB) (20 June 2011)

David Wyld & Co, Solicitors v Dadourian & Anor [2011] EWHC 1517 (QB) (20 June 2011)

The bills delivered by the claimant were final statute bills, not interim bills on account, as evidenced by the retainer and the form and content of the bills; there was no conditional fee agreement for counsel's fees, only a traditional fee reduction arrangement; and the refusal to adjourn was a proper exercise of discretion given the lack of sufficient medical evidence and the litigation history. The defendants had no real prospect of defending the claim or grounds for detailed assessment.

Citation
[2011] EWHC 1517
Parties
Claimant/respondent: David Wyld & Co, Solicitors; Defendant/appellant: Jack Dadourian; Defendant/appellant: Helga Dadourian
Jurisdiction
England and Wales
Judgment Date
20 June 2011
Procedural Posture
Appeal (from Summary Judgment and Refusal of Detailed Assessment) / High Court (queen's Bench Division) Application for Permission to Appeal and to Set Aside Orders
Outcome
Permission to appeal refused; application to set aside orders refused; summary judgment for claimant affirmed.
Legal Topics
Solicitors' Bills, Summary Judgment, Detailed Assessment of Costs, Conditional Fee Agreements, Adjournment of Hearings
Civil Procedure Legal Profession Costs Solicitors' Bills Summary Judgment Detailed Assessment of Costs Conditional Fee Agreements Adjournment of Hearings

Case Brief

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Parties

David Wyld & Co, Solicitors

Claimant/respondent

Jack Dadourian

Defendant/appellant

Helga Dadourian

Defendant/appellant

Procedural Posture

Appeal (from Summary Judgment and Refusal of Detailed Assessment) / High Court (queen's Bench Division) Application for Permission to Appeal and to Set Aside Orders

Legal Issues

  1. 1 Whether the bills delivered by the claimant solicitors were final 'statute' bills or interim bills on account
  2. 2 Whether there was an unenforceable conditional fee agreement for counsel's fees
  3. 3 Whether the Master erred in refusing the defendants' request for an adjournment

Ratio Decidendi

The bills delivered by the claimant were final statute bills, not interim bills on account, as evidenced by the retainer and the form and content of the bills; there was no conditional fee agreement for counsel's fees, only a traditional fee reduction arrangement; and the refusal to adjourn was a proper exercise of discretion given the lack of sufficient medical evidence and the litigation history. The defendants had no real prospect of defending the claim or grounds for detailed assessment.

Court Disposition

Permission to appeal refused; application to set aside orders refused; summary judgment for claimant affirmed.

Orders

  • Permission to appeal refused on all grounds.
  • Application to set aside Master's orders refused.