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 Claimants were final statute bills, not interim on account bills, 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, so the fees were recoverable; and the refusal of an adjournment was a proper exercise of discretion given the lack of sufficient medical evidence and the litigation history.

Citation
[2011] EWHC 1517 (QB)
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) / Judgment on Appeal and Application to Set Aside Orders
Outcome
Appeal dismissed; application to set aside orders refused.
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

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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) / Judgment on Appeal and Application to Set Aside Orders

Legal Issues

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

Ratio Decidendi

The bills delivered by the Claimants were final statute bills, not interim on account bills, 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, so the fees were recoverable; and the refusal of an adjournment was a proper exercise of discretion given the lack of sufficient medical evidence and the litigation history.

Court Disposition

Appeal dismissed; application to set aside orders refused.

Orders

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