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 the claimant of the termination of the retainer, and provided no factual evidence justifying this failure. The master erred in law by not considering the claimant's position and by making assumptions unsupported by evidence. Reasonable notice was not given; therefore, the firm was not entitled to claim the fees sought.

Citation
[2018] EWHC 2881 (QB)
Parties
Claimant (appellant): Mr Manjit Gill; Defendant (respondent): Heer Manak Solicitors
Jurisdiction
England and Wales
Judgment Date
30 October 2018
Procedural Posture
Appeal / Appeal From Order of Master Brown in the Senior Costs Office
Outcome
Appeal allowed
Legal Topics
Solicitor's Retainer, Termination of Retainer, Reasonable Notice, Entitlement to Costs
Civil Procedure Legal Costs Solicitor's Retainer Termination of Retainer Reasonable Notice Entitlement to Costs

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 2 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Mr Manjit Gill

Claimant (appellant)

Heer Manak Solicitors

Defendant (respondent)

Procedural Posture

Appeal / Appeal From Order of Master Brown in the Senior Costs Office

Legal Issues

  1. 1 Whether the defendant solicitor firm gave reasonable notice of termination of the retainer to the claimant
  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 the claimant of the termination of the retainer, and provided no factual evidence justifying this failure. The master erred in law by not considering the claimant's position and by making assumptions unsupported by evidence. Reasonable notice was not given; therefore, the firm was not entitled to claim the fees sought.

Court Disposition

Appeal allowed

Orders

  • The order of Master Brown is set aside to the extent appealed.
  • The firm is not entitled to claim the fees sought in the proceedings before the master.