Marta Karatysz v SGI Legal LLP

Marta Karatysz v SGI Legal LLP

The amount of the bill for the purposes of section 70(9) of the Solicitors Act 1974 is the total sum the bill is demanding be paid to the solicitors, whether or not all or part of that sum has already been paid and regardless of the identity of the paying party. The judge was correct to find the amount of the bill was £1,571.50.

Parties
Claimant/appellant: Marta Karatysz; Defendant/respondent: SGI Legal LLP
Jurisdiction
England and Wales
Judgment Date
27 October 2022
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Second Appeal From High Court
Outcome
Appeal dismissed with costs.
Legal Topics
Solicitors' Bills, Assessment of Costs, Statutory Interpretation, Conditional Fee Agreements, Non Contentious Business, Section 70 Solicitors Act 1974
Costs Law Legal Profession Regulation Solicitors' Bills Assessment of Costs Statutory Interpretation Conditional Fee Agreements Non Contentious Business Section 70 Solicitors Act 1974

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Parties

Marta Karatysz

Claimant/appellant

SGI Legal LLP

Defendant/respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Second Appeal From High Court

Legal Issues

  1. 1 What is the proper interpretation of 'the amount of the bill' under section 70(9) of the Solicitors Act 1974 for the purpose of determining liability for costs of assessment?
  2. 2 Does the bill need to state base costs to be valid and assessable?
  3. 3 Did the judge err in finding the amount of the bill was £1,571.50 rather than £2,731.90?

Ratio Decidendi

The amount of the bill for the purposes of section 70(9) of the Solicitors Act 1974 is the total sum the bill is demanding be paid to the solicitors, whether or not all or part of that sum has already been paid and regardless of the identity of the paying party. The judge was correct to find the amount of the bill was £1,571.50.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed.
  • Costs awarded to the respondent.