Edwin Coe LLP v Aidiniantz & Ors [2014] EWHC 3994 (QB) (09 December 2014)

Edwin Coe LLP v Aidiniantz & Ors [2014] EWHC 3994 (QB) (09 December 2014)

Edwin Coe LLP was not negligent in its advice regarding the freezing order and payment into court; the advice given was sufficient and the clients were determined to pursue discharge of the order regardless. The defendants were not entitled to assessment of paid bills as no special circumstances were shown. The claimant was entitled to recover the unpaid fees claimed.

Citation
[2014] EWHC 3994 (QB)
Parties
Claimant/part 20 Defendant: Edwin Coe LLP; Defendant/part 20 Claimant: John Aidiniantz; Defendant/part 20 Claimant: Rollerteam Limited; Part 20 Claimant: The Sherlock Holmes Museum Limited; Part 20 Claimant: Sherlock Holmes Limited
Jurisdiction
England and Wales
Judgment Date
09 December 2014
Procedural Posture
Civil (solicitors' Fees/negligence) / High Court Trial Judgment
Outcome
Claim allowed; counterclaim dismissed
Legal Topics
Solicitors' Fees, Assessment of Bills, Freezing Injunctions, Professional Duty of Care, Set Off of Damages, Indemnity, Waiver and Estoppel
Professional Negligence Contract Law Civil Procedure Solicitors' Fees Assessment of Bills Freezing Injunctions Professional Duty of Care Set Off of Damages +2 more

Case Brief

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Parties

Edwin Coe LLP

Claimant/part 20 Defendant

John Aidiniantz

Defendant/part 20 Claimant

Rollerteam Limited

Defendant/part 20 Claimant

The Sherlock Holmes Museum Limited

Part 20 Claimant

Sherlock Holmes Limited

Part 20 Claimant

Procedural Posture

Civil (solicitors' Fees/negligence) / High Court Trial Judgment

Legal Issues

  1. 1 Whether Edwin Coe LLP was entitled to recover solicitors' fees from John Aidiniantz and Rollerteam Ltd.
  2. 2 Whether the defendants were entitled to assessment of bills under Solicitors Act 1974 s.70
  3. 3 Whether Edwin Coe LLP was negligent in its advice regarding the freezing order and payment into court

Ratio Decidendi

Edwin Coe LLP was not negligent in its advice regarding the freezing order and payment into court; the advice given was sufficient and the clients were determined to pursue discharge of the order regardless. The defendants were not entitled to assessment of paid bills as no special circumstances were shown. The claimant was entitled to recover the unpaid fees claimed.

Court Disposition

Claim allowed; counterclaim dismissed

Orders

  • Edwin Coe LLP entitled to judgment for £103,300.17 against John Aidiniantz and £75,907.17 against Rollerteam Ltd., plus interest.
  • Defendants' counterclaim for negligence dismissed.