Edwin Coe LLP v Aidiniantz & Ors

Edwin Coe LLP v Aidiniantz & Ors

Edwin Coe LLP was not negligent in its advice regarding the freezing order and payment into court, as the client was aware of the relevant options and determined to pursue discharge of the order. The advice given was sufficient. The defendants had agreed to pay the solicitors' bills, precluding common law assessment, and there were no special circumstances justifying assessment under Solicitors Act 1974 s.70(3). The indemnity given by Mr. Aidiniantz covered the sums claimed. Judgment was entered for Edwin Coe LLP for the sums claimed, with interest, and the Part 20 claim was dismissed.

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) / Judgment After Trial
Outcome
Judgment for claimant; Part 20 claim dismissed
Legal Topics
Solicitors' Fees, Assessment of Costs, Indemnity, Freezing Orders, Negligence by Solicitors, Waiver and Estoppel, Contractual Settlement of Fees
Contract Law Professional Negligence Costs Law Solicitors' Fees Assessment of Costs Indemnity Freezing Orders Negligence by Solicitors +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) / Judgment After Trial

Legal Issues

  1. 1 Whether Edwin Coe LLP was negligent in its advice regarding the freezing order and payment into court under paragraph 12(6) of the Main Freezing Order;
  2. 2 Whether the defendants were entitled to assessment of solicitors' bills under Solicitors Act 1974 s.70 or at common law;
  3. 3 Whether the defendants had agreed to pay the solicitors' bills and thereby waived or were estopped from seeking assessment;

Ratio Decidendi

Edwin Coe LLP was not negligent in its advice regarding the freezing order and payment into court, as the client was aware of the relevant options and determined to pursue discharge of the order. The advice given was sufficient. The defendants had agreed to pay the solicitors' bills, precluding common law assessment, and there were no special circumstances justifying assessment under Solicitors Act 1974 s.70(3). The indemnity given by Mr. Aidiniantz covered the sums claimed. Judgment was entered for Edwin Coe LLP for the sums claimed, with interest, and the Part 20 claim was dismissed.

Court Disposition

Judgment for claimant; Part 20 claim dismissed

Orders

  • Judgment for Edwin Coe LLP against John Aidiniantz in the sum of £103,300.17 plus interest at 2% per annum from 15 March 2013 to judgment;
  • Judgment for Edwin Coe LLP against Rollerteam Limited in the sum of £75,907.17 plus interest at 2% per annum from 15 March 2013 to judgment;