Vlamaki v Sookias & Sookias

Vlamaki v Sookias & Sookias

The retainer did not unambiguously permit interim statute bills; ambiguity is resolved against the solicitors. Therefore, the invoices were not statute bills and the time bar under s 70(4) did not apply. However, the October 2013 letter did not convert the interim bills into statute bills, so no statute bill had been delivered and the application for assessment was premature.

Parties
Claimant (respondent): Dr Zoe Vlamaki; Defendants (appellants): Sookias & Sookias
Jurisdiction
England and Wales
Judgment Date
20 November 2015
Procedural Posture
Appeal (costs Assessment) / Judgment on Appeal From Preliminary Determination of Master Campbell
Outcome
Appeal allowed in part; ground 1 (interim statute bills) dismissed, ground 2 (prematurity) allowed.
Legal Topics
Solicitors' Bills, Statute Bills, Retainer Interpretation, Assessment of Costs, Prematurity of Application
Costs Law Contract Law Solicitors' Bills Statute Bills Retainer Interpretation Assessment of Costs Prematurity of Application

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Parties

Dr Zoe Vlamaki

Claimant (respondent)

Sookias & Sookias

Defendants (appellants)

Procedural Posture

Appeal (costs Assessment) / Judgment on Appeal From Preliminary Determination of Master Campbell

Legal Issues

  1. 1 Whether the solicitors' retainer permitted interim statute bills while work was in progress
  2. 2 Whether the October 2013 letter converted previous interim bills into statute bills or rendered the application for assessment premature

Ratio Decidendi

The retainer did not unambiguously permit interim statute bills; ambiguity is resolved against the solicitors. Therefore, the invoices were not statute bills and the time bar under s 70(4) did not apply. However, the October 2013 letter did not convert the interim bills into statute bills, so no statute bill had been delivered and the application for assessment was premature.

Court Disposition

Appeal allowed in part; ground 1 (interim statute bills) dismissed, ground 2 (prematurity) allowed.