David Wyld & Co, Solicitors v Dadourian & Anor

David Wyld & Co, Solicitors v Dadourian & Anor

The bills delivered by the Claimants were final statute bills, not interim on account bills, and were enforceable; there was no conditional fee agreement with counsel, only a discretionary waiver; the refusal to adjourn was a proper exercise of discretion given the evidence and litigation history.

Parties
Claimant/respondent: David Wyld & Co, Solicitors; Defendant/appellant: Jack Dadourian; Defendant/appellant: Helga Dadourian
Jurisdiction
England and Wales
Judgment Date
20 June 2011
Procedural Posture
Civil Appeal / Appeal From Summary Judgment and Dismissal of Cross Application
Outcome
Permission to appeal refused; application to set aside orders dismissed.
Legal Topics
Summary Judgment, Solicitors' Fees, Conditional Fee Agreements, Adjournment, Assessment of Costs
Civil Procedure Costs Summary Judgment Solicitors' Fees Conditional Fee Agreements Adjournment Assessment of Costs

Case Brief

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Parties

David Wyld & Co, Solicitors

Claimant/respondent

Jack Dadourian

Defendant/appellant

Helga Dadourian

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Summary Judgment and Dismissal of Cross Application

Legal Issues

  1. 1 Whether the bills delivered by the Claimants were interim on account bills or final statute bills
  2. 2 Whether counsels’ work was carried out pursuant to an unenforceable conditional fee agreement
  3. 3 Whether Master Roberts erred in refusing the Defendants’ request for an adjournment

Ratio Decidendi

The bills delivered by the Claimants were final statute bills, not interim on account bills, and were enforceable; there was no conditional fee agreement with counsel, only a discretionary waiver; the refusal to adjourn was a proper exercise of discretion given the evidence and litigation history.

Court Disposition

Permission to appeal refused; application to set aside orders dismissed.

Orders

  • Refusal of permission to appeal against Master Roberts’ orders dated 23 November 2010
  • Dismissal of application to set aside those orders