Ashia Centur Ltd v Barker Gillette LLP

Ashia Centur Ltd v Barker Gillette LLP

There was no consideration for the alleged concession by the solicitors, and no evidence of acceptance or reliance by the client; therefore, the solicitors are not precluded from claiming costs for work done after 11 June 2004, except for work related to the prospective appeal to the Court of Appeal.

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

Case Brief

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Parties

Ashia Centur Ltd

Appellant

Barker Gillette LLP

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether there was a binding agreement or variation of the existing 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 for the alleged concession by the solicitors, and no evidence of acceptance or reliance by the client; therefore, the solicitors are not precluded from claiming costs for work done after 11 June 2004, except for work related to the prospective appeal to the Court of Appeal.

Court Disposition

appeal dismissed