Barrett v Rutt-Field & Ors

Barrett v Rutt-Field & Ors

The Claimant was not a client or entitled third party under the Remuneration Order, nor could she be treated as a quasi-client. The executor was the client for the purposes of costs assessment. The total charges were fair and reasonable in all the circumstances, and no reduction was warranted.

Parties
Claimant: Wendy Elizabeth Barrett; 1st Defendant: Father Benjamin Rutt-Field; 2nd Defendant: Anne Janet Matthews; 3rd Defendant: Marshall Sutton Jones
Jurisdiction
England and Wales
Judgment Date
29 January 2004
Procedural Posture
Probate/costs Assessment / Judgment After Detailed Assessment Hearing
Outcome
Claim dismissed; bills stand as delivered.
Legal Topics
Solicitors' Remuneration, Beneficiary Rights, Executor Duties, Assessment of Costs, Non Contentious Business
Probate Costs Solicitors' Remuneration Beneficiary Rights Executor Duties Assessment of Costs Non Contentious Business

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Parties

Wendy Elizabeth Barrett

Claimant

Father Benjamin Rutt-Field

1st Defendant

Anne Janet Matthews

2nd Defendant

Marshall Sutton Jones

3rd Defendant

Procedural Posture

Probate/costs Assessment / Judgment After Detailed Assessment Hearing

Legal Issues

  1. 1 Whether the Claimant was a client or quasi-client entitled to challenge the solicitors' bills
  2. 2 Whether the Defendants were bound by cost estimates given to the executor
  3. 3 Whether the total bills rendered were fair and reasonable under the Remuneration Order

Ratio Decidendi

The Claimant was not a client or entitled third party under the Remuneration Order, nor could she be treated as a quasi-client. The executor was the client for the purposes of costs assessment. The total charges were fair and reasonable in all the circumstances, and no reduction was warranted.

Court Disposition

Claim dismissed; bills stand as delivered.

Orders

  • Defendants' bills stand assessed as delivered with no reduction.
  • Claimant to pay Defendants' costs of £7,500 inclusive of disbursements and VAT within fourteen days.