Hare -Brown & Anor v Trent & Anor

Hare -Brown & Anor v Trent & Anor

QCC, as tenant and third party liable under the leases for the landlord's costs, is entitled to a detailed assessment of the invoices under Section 71 Solicitors Act 1974. Special circumstances exist because payment was made under protest, the charges require explanation, and the unique position of Ms Trent as both...

Source-derived case information.

Parties
Claimant: Neil Hare-Brown; Claimant: QCC Information Security Ltd; Defendant: Alison Trent; Defendant: Alison Trent & Co
Jurisdiction
England and Wales
Judgment Date
30 March 2011
Procedural Posture
Costs Assessment Application / Judgment on Entitlement to Detailed Assessment and Directions
Outcome
Order for detailed assessment granted
Legal Topics
Solicitor Client Costs, Third Party Costs Assessment, Indemnity Principle, Section 71 Solicitors Act 1974, Detailed Assessment Procedure
Civil Procedure Landlord and Tenant Costs Solicitor Client Costs Third Party Costs Assessment Indemnity Principle Section 71 Solicitors Act 1974 Detailed Assessment Procedure

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Parties

Neil Hare-Brown

Claimant

QCC Information Security Ltd

Claimant

Alison Trent

Defendant

Alison Trent & Co

Defendant

Procedural Posture

Costs Assessment Application / Judgment on Entitlement to Detailed Assessment and Directions

Legal Issues

  1. 1 Whether QCC is entitled to a detailed assessment of invoices under Section 71 Solicitors Act 1974
  2. 2 Whether special circumstances exist to justify assessment after payment
  3. 3 Whether QCC can challenge the quantum of costs agreed between Alison Trent as landlord and her own firm as solicitor

Ratio Decidendi

QCC, as tenant and third party liable under the leases for the landlord's costs, is entitled to a detailed assessment of the invoices under Section 71 Solicitors Act 1974. Special circumstances exist because payment was made under protest, the charges require explanation, and the unique position of Ms Trent as both landlord and solicitor justifies scrutiny. The assessment will proceed as between solicitor and third party, not limited to what the landlord as client could have challenged, and QCC may raise objections to the quantum and reasonableness of the charges.

Court Disposition

Order for detailed assessment granted

Orders

  • Detailed assessment of the invoices under Section 71 Solicitors Act 1974
  • Defendants to serve breakdown of invoices by 25 May 2011