Gill v Heer Manak Solicitors [2018] EWHC 2881 (QB) (30 October 2018)

Gill v Heer Manak Solicitors [2018] EWHC 2881 (QB) (30 October 2018)

The firm failed to provide any advance notice to Mr Manjit Gill before terminating the retainer, and provided no factual evidence justifying this failure. The master's reliance on assumptions unsupported by evidence was an error of law. Reasonable notice was not given, and thus the firm was not entitled to claim fees for work done prior to termination.

Citation
[2018] EWHC 2881
Parties
Claimant (appellant): Mr Manjit Gill; Defendant (respondent): Heer Manak Solicitors
Jurisdiction
England and Wales
Judgment Date
30 October 2018
Procedural Posture
Appeal / Judgment on Appeal From Order of Master Brown, Supreme Court Costs Office
Outcome
Appeal allowed
Legal Topics
Solicitor's Retainer, Termination of Retainer, Reasonable Notice, Costs Recovery, Professional Indemnity Insurance
Civil Procedure Legal Profession Solicitor's Retainer Termination of Retainer Reasonable Notice Costs Recovery Professional Indemnity Insurance

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Parties

Mr Manjit Gill

Claimant (appellant)

Heer Manak Solicitors

Defendant (respondent)

Procedural Posture

Appeal / Judgment on Appeal From Order of Master Brown, Supreme Court Costs Office

Legal Issues

  1. 1 Whether Heer Manak Solicitors gave reasonable notice to Mr Manjit Gill when terminating the retainer due to firm closure
  2. 2 Whether the firm is entitled to claim fees after terminating the retainer without notice

Ratio Decidendi

The firm failed to provide any advance notice to Mr Manjit Gill before terminating the retainer, and provided no factual evidence justifying this failure. The master's reliance on assumptions unsupported by evidence was an error of law. Reasonable notice was not given, and thus the firm was not entitled to claim fees for work done prior to termination.

Court Disposition

Appeal allowed

Orders

  • Order of Master Brown set aside to the extent appealed; Heer Manak Solicitors not entitled to claim fees following termination without reasonable notice.