Radcliffes Le Brasseur (a firm) & Anor v Wickes & Ors

Radcliffes Le Brasseur (a firm) & Anor v Wickes & Ors

The Defendants are not entitled to detailed assessment of bills 251450 and 252025 because more than 12 months elapsed since payment and s.70(4) Solicitors Act 1974 is an absolute bar. The court has no inherent jurisdiction to order assessment in these circumstances, and the bills satisfy statutory requirements.

Parties
Claimant: Radcliffes Le Brasseur (A Firm); Defendant: David Wickes; Defendant: David Wickes Films Limited; Defendant: David Wickes Television Limited; Defendant: David Wickes Productions Limited
Jurisdiction
England and Wales
Judgment Date
16 February 2004
Procedural Posture
Costs Assessment Under Solicitors Act 1974 / Post Case Management Conference, Determination of Entitlement to Detailed Assessment of Paid Bills
Outcome
Defendants not entitled to assessment of bills 251450 and 252025; application refused.
Legal Topics
Detailed Assessment of Solicitors' Bills, Statutory Time Limits for Assessment, Inherent Jurisdiction of the Court, Requirements for Valid Solicitor Bills
Costs Law Solicitors' Professional Regulation Detailed Assessment of Solicitors' Bills Statutory Time Limits for Assessment Inherent Jurisdiction of the Court Requirements for Valid Solicitor Bills

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Parties

Radcliffes Le Brasseur (A Firm)

Claimant

David Wickes

Defendant

David Wickes Films Limited

Defendant

David Wickes Television Limited

Defendant

David Wickes Productions Limited

Defendant

Procedural Posture

Costs Assessment Under Solicitors Act 1974 / Post Case Management Conference, Determination of Entitlement to Detailed Assessment of Paid Bills

Legal Issues

  1. 1 Whether the Defendants are entitled to detailed assessment of two fully paid solicitors' bills outside the 12-month statutory period under s.70(4) Solicitors Act 1974
  2. 2 Whether the court has inherent jurisdiction to order detailed assessment outside statutory limits
  3. 3 Whether the bills satisfy statutory requirements for valid bills under s.69(2) Solicitors Act 1974

Ratio Decidendi

The Defendants are not entitled to detailed assessment of bills 251450 and 252025 because more than 12 months elapsed since payment and s.70(4) Solicitors Act 1974 is an absolute bar. The court has no inherent jurisdiction to order assessment in these circumstances, and the bills satisfy statutory requirements.

Court Disposition

Defendants not entitled to assessment of bills 251450 and 252025; application refused.

Orders

  • Defendants are not entitled to detailed assessment of bills 251450 and 252025.
  • Further submissions on costs of the enquiry and permission to appeal to be scheduled if not addressed at hand-down.