Lygoe (t/a David Parry & Co) v Ilsley

Lygoe (t/a David Parry & Co) v Ilsley

There was no evidence of an agreement by Mr. Ilsley to accept personal liability for costs incurred by the Practice for work done for companies; only costs for work done for Mr. Ilsley personally are recoverable. Withdrawals from the Estate Funds were not authorised. The claim fails as the sums already received by Mr. Lygoe exceed the amounts for which Mr. Ilsley is personally liable.

Parties
Claimant: Jeffery Lygoe trading as David Parry & Co; Defendant: Ian Ilsley
Jurisdiction
England and Wales
Judgment Date
21 April 2008
Procedural Posture
Civil / Judgment
Outcome
claim dismissed
Legal Topics
Solicitor Client Liability, Personal Liability for Company Debts, Unauthorised Withdrawal of Estate Funds, Assessment of Costs
Contract Professional Negligence Solicitor Client Liability Personal Liability for Company Debts Unauthorised Withdrawal of Estate Funds Assessment of Costs

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Parties

Jeffery Lygoe trading as David Parry & Co

Claimant

Ian Ilsley

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether Mr. Ilsley was personally liable for costs incurred by the Practice for work done for companies associated with him
  2. 2 Whether Mr. Lygoe was authorised to withdraw funds from the Estate to settle his costs
  3. 3 Which matters were personal to Mr. Ilsley and which were corporate

Ratio Decidendi

There was no evidence of an agreement by Mr. Ilsley to accept personal liability for costs incurred by the Practice for work done for companies; only costs for work done for Mr. Ilsley personally are recoverable. Withdrawals from the Estate Funds were not authorised. The claim fails as the sums already received by Mr. Lygoe exceed the amounts for which Mr. Ilsley is personally liable.

Court Disposition

claim dismissed

Orders

  • Declaration as to bills for which Mr. Ilsley is liable in principle
  • Assessment of those bills referred to a Costs Judge