Devonshires Solicitors LLP v Elbishlawi & Anor

Devonshires Solicitors LLP v Elbishlawi & Anor

The defendants did not properly plead or evidence that the invoices were not statute bills, and no realistic prospect of defending the claim was shown for invoices with sufficient breakdown. For invoices lacking detail, summary judgment is granted for a sum to be determined by detailed assessment.

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
Civil (commercial) / Summary Judgment Application
Outcome
Summary judgment granted in part; detailed assessment ordered for certain invoices.
Legal Topics
Solicitors' Fees, Summary Judgment, Statute Bills, Costs Assessment, Retainer Terms
Contract Law Legal Profession Regulation Solicitors' Fees Summary Judgment Statute Bills Costs Assessment Retainer Terms

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 6 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Devonshires Solicitors LLP

Claimant

Khaled Elbishlawi

First Defendant

LAM Developments Ltd

Second Defendant

Procedural Posture

Civil (commercial) / 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 have a realistic prospect of defending the claim for unpaid fees
  3. 3 Whether the defendants are entitled to set off or challenge the invoices for lack of detail, conflict of interest, or failure to provide information

Ratio Decidendi

The defendants did not properly plead or evidence that the invoices were not statute bills, and no realistic prospect of defending the claim was shown for invoices with sufficient breakdown. For invoices lacking detail, summary judgment is granted for a sum to be determined by detailed assessment.

Court Disposition

Summary judgment granted in part; detailed assessment ordered for certain invoices.

Orders

  • Judgment for £44,266 in respect of invoice 263739 against LAM Developments Ltd.
  • Judgment for £8,711.40 in respect of invoice 253173 against LAM Developments Ltd.