Devonshires Solicitors LLP v Elbishlawi & Anor [2021] EWHC 173 (Comm) (03 February 2021)

Devonshires Solicitors LLP v Elbishlawi & Anor [2021] EWHC 173 (Comm) (03 February 2021)

The defendants failed to plead or evidence a real prospect of defending the claim in relation to invoices where detailed breakdowns were provided; summary judgment was granted for those sums. For other invoices lacking sufficient breakdown, summary judgment was granted for a sum to be determined by detailed assessment, as the defendants were entitled to challenge reasonableness in those cases.

Citation
[2021] EWHC 173 (Comm)
Parties
Claimant: Devonshires Solicitors LLP; First Defendant: Khaled Elbishlawi; Second Defendant: LAM Developments Ltd
Jurisdiction
England and Wales
Judgment Date
03 February 2021
Procedural Posture
Commercial Claim for Unpaid Solicitors' Fees / Summary Judgment Application
Outcome
Summary judgment granted in part; balance to be determined by detailed assessment.
Legal Topics
Solicitors' Fees, Summary Judgment, Statute Bills, Detailed Assessment of Costs, Set Off and Counterclaim, Retainer Terms
Contract Law Legal Profession Regulation Civil Procedure Solicitors' Fees Summary Judgment Statute Bills Detailed Assessment of Costs Set Off and Counterclaim +1 more

Case Brief

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Parties

Devonshires Solicitors LLP

Claimant

Khaled Elbishlawi

First Defendant

LAM Developments Ltd

Second Defendant

Procedural Posture

Commercial Claim for Unpaid Solicitors' Fees / Summary Judgment Application

Legal Issues

  1. 1 Whether the invoices rendered by the claimant were 'statute bills' under the Solicitors Act 1974
  2. 2 Whether the defendants had a real prospect of defending the claim for unpaid fees
  3. 3 Whether the defendants were entitled to set-off or counterclaim for alleged failures by the claimant

Ratio Decidendi

The defendants failed to plead or evidence a real prospect of defending the claim in relation to invoices where detailed breakdowns were provided; summary judgment was granted for those sums. For other invoices lacking sufficient breakdown, summary judgment was granted for a sum to be determined by detailed assessment, as the defendants were entitled to challenge reasonableness in those cases.

Court Disposition

Summary judgment granted in part; balance to be determined by detailed assessment.

Orders

  • Judgment for the claimant against LAM Developments Ltd for £44,266 (invoice 263739) and £8,711.40 (invoice 253173).
  • Judgment for the claimant against LAM Developments Ltd for invoices 249442, 251328, and 252592 for sums to be determined by detailed assessment.