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 evidence of consideration or reliance by the client on the solicitor's promise not to charge for work after 11 June 2004; therefore, no binding agreement, waiver, or estoppel arose, and the solicitors were entitled to claim the costs.

Citation
[2011] EWHC 148 (QB)
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 Law 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 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 evidence of consideration or reliance by the client on the solicitor's promise not to charge for work after 11 June 2004; therefore, no binding agreement, waiver, or estoppel arose, and the solicitors were entitled to claim the costs.

Court Disposition

appeal dismissed

Orders

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