Lakhani v Eversheds

Lakhani v Eversheds

The claimant was provided with sufficient costs information and advice as required by the Code, was aware of the costs being incurred, and any duplication of work was largely attributable to his own instructions. No special circumstances were established to justify a detailed assessment under Section 70(3) of the Solicitors Act 1974.

Parties
Claimant: Mr Ketan Lakhani; Defendant: Eversheds
Jurisdiction
England and Wales
Judgment Date
06 October 2004
Procedural Posture
Costs Assessment Application (part 8 Claim) / Judgment on Application for Detailed Assessment of Solicitors' Bills
Outcome
Claim dismissed
Legal Topics
Solicitors' Costs, Detailed Assessment, Special Circumstances, Client Care, Costs Information and Client Care Code
Legal Profession Costs Solicitors' Costs Detailed Assessment Special Circumstances Client Care Costs Information and Client Care Code

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Parties

Mr Ketan Lakhani

Claimant

Eversheds

Defendant

Procedural Posture

Costs Assessment Application (part 8 Claim) / Judgment on Application for Detailed Assessment of Solicitors' Bills

Legal Issues

  1. 1 Whether special circumstances exist to justify a detailed assessment of solicitors' bills under Section 70(3) of the Solicitors Act 1974
  2. 2 Whether the solicitors failed to provide adequate costs information and cost benefit advice as required by the Solicitors Costs Information and Client Care Code
  3. 3 Whether there was unjustified duplication of work between fee earners amounting to special circumstances

Ratio Decidendi

The claimant was provided with sufficient costs information and advice as required by the Code, was aware of the costs being incurred, and any duplication of work was largely attributable to his own instructions. No special circumstances were established to justify a detailed assessment under Section 70(3) of the Solicitors Act 1974.

Court Disposition

Claim dismissed

Orders

  • Part 8 claim for detailed assessment of solicitors' bills is dismissed
  • Directions for a later hearing on costs and any application for permission to appeal if parties do not attend judgment hand down