Ashia Centur Ltd v Barker Gillette LLP [2011] EWHC 148 (QB) (03 February 2011)

Ashia Centur Ltd v Barker Gillette LLP [2011] EWHC 148 (QB) (03 February 2011)

There was no consideration or reliance by the client for the alleged concession; therefore, no binding agreement, waiver, or estoppel precluded the solicitors from claiming costs for work done after 11 June 2004.

Citation
[2011] EWHC 148
Parties
Appellant: Ashia Centur Ltd; Respondent: Barker Gillette LLP
Jurisdiction
England and Wales
Judgment Date
03 February 2011
Procedural Posture
Appeal From Costs Assessment / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Variation of Contract, Waiver, Estoppel, Costs Assessment
Contract Law Costs Variation of Contract Waiver Estoppel Costs Assessment

Case Brief

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Parties

Ashia Centur Ltd

Appellant

Barker Gillette LLP

Respondent

Procedural Posture

Appeal From Costs Assessment / Judgment on Appeal

Legal Issues

  1. 1 Whether there was a binding agreement or variation of the retainer not to charge for work after 11 June 2004
  2. 2 Whether there was an unequivocal waiver by the solicitor
  3. 3 Whether there was a representation which it would be inequitable to allow the solicitor to resile from

Ratio Decidendi

There was no consideration or reliance by the client for the alleged concession; therefore, no binding agreement, waiver, or estoppel precluded the solicitors from claiming costs for work done after 11 June 2004.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed; costs assessment decision of Master Gordon-Saker upheld.