Helvadjian v Ambrose Appelbe Solicitors

Helvadjian v Ambrose Appelbe Solicitors

Ambrose Appelbe Solicitors failed to carry out Ms Helvadjian's clear instructions to proceed with the appeal against the Compston order, and as the retainer was an entire contract covering all appeals, they are not entitled to profit costs for the work done under that retainer.

Parties
Claimant: Caroline Helvadjian; Defendant: Ambrose Appelbe Solicitors
Jurisdiction
England and Wales
Judgment Date
30 January 2009
Procedural Posture
Detailed Assessment of Solicitor's Bill of Costs / Judgment After Oral and Documentary Evidence
Outcome
Claimant successful in contesting liability for profit costs; only disbursements payable
Legal Topics
Solicitor Client Retainer, Detailed Assessment of Costs, Entire Contract Principle, Failure to Follow Client Instructions
Civil Procedure Legal Profession Solicitor Client Retainer Detailed Assessment of Costs Entire Contract Principle Failure to Follow Client Instructions

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Parties

Caroline Helvadjian

Claimant

Ambrose Appelbe Solicitors

Defendant

Procedural Posture

Detailed Assessment of Solicitor's Bill of Costs / Judgment After Oral and Documentary Evidence

Legal Issues

  1. 1 Whether Ambrose Appelbe Solicitors failed to carry out Ms Helvadjian's instructions regarding the appeal against the Compston order
  2. 2 Whether the solicitor's retainer was an entire contract covering all appeals including the Compston order
  3. 3 Whether the solicitors are entitled to profit costs given the alleged failure to follow instructions

Ratio Decidendi

Ambrose Appelbe Solicitors failed to carry out Ms Helvadjian's clear instructions to proceed with the appeal against the Compston order, and as the retainer was an entire contract covering all appeals, they are not entitled to profit costs for the work done under that retainer.

Court Disposition

Claimant successful in contesting liability for profit costs; only disbursements payable

Orders

  • No profit costs payable to Ambrose Appelbe Solicitors under the retainer for the relevant period
  • Ms Helvadjian to pay disbursements in the sum of £11,430.25, subject to further submissions on later bills if a separate retainer is established