Keith Billington v Downs Solicitors Llp

Keith Billington v Downs Solicitors Llp

The Claimant should not be responsible for costs exceeding £20,000 plus VAT, except for additional work either reasonably unanticipated or expressly authorised, which stands to be assessed on the usual solicitor/client basis.

Parties
Claimant: Keith Billington; Defendant: Downs Solicitors LLP
Jurisdiction
England and Wales
Judgment Date
16 January 2012
Procedural Posture
Solicitor Client Costs Assessment / Judgment on Preliminary Issues
Outcome
Fees and disbursements payable by the Claimant to the Defendant are limited to £20,000 plus VAT, except for additional work reasonably unanticipated or expressly authorised, subject to detailed assessment.
Legal Topics
Solicitor Client Costs, Costs Estimates, Retainer Agreements, Assessment of Costs
Civil Procedure Legal Costs Solicitor Client Costs Costs Estimates Retainer Agreements Assessment of Costs

Case Brief

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Parties

Keith Billington

Claimant

Downs Solicitors LLP

Defendant

Procedural Posture

Solicitor Client Costs Assessment / Judgment on Preliminary Issues

Legal Issues

  1. 1 Whether the solicitor's fees should be capped at £20,000 plus VAT based on the initial estimate
  2. 2 Whether costs above the estimate are recoverable
  3. 3 Effect of reliance on costs estimates in solicitor-client relationship

Ratio Decidendi

The Claimant should not be responsible for costs exceeding £20,000 plus VAT, except for additional work either reasonably unanticipated or expressly authorised, which stands to be assessed on the usual solicitor/client basis.

Court Disposition

Fees and disbursements payable by the Claimant to the Defendant are limited to £20,000 plus VAT, except for additional work reasonably unanticipated or expressly authorised, subject to detailed assessment.

Orders

  • Fees and disbursements limited to £20,000 plus VAT except for specified additional categories of costs.
  • Additional costs to be assessed on the usual solicitor/client basis.