BFS Investments Plc v Manches Plc

BFS Investments Plc v Manches Plc

The Claimant, having paid the bills from its assets, falls within the class entitled to seek detailed assessment under section 71. The correspondence from the Defendant constituted a representation that bills would be assessed after payment if required, amounting to special circumstances justifying an order for...

Source-derived case information.

Parties
Claimant: BFS Investments PLC (In Liquidation); Defendant: Manches PLC
Jurisdiction
England and Wales
Judgment Date
29 August 2007
Procedural Posture
Costs Assessment Application / Judgment on Application for Detailed Assessment of Paid and Unpaid Solicitor's Bills
Outcome
Application granted in part
Legal Topics
Solicitor's Bills, Detailed Assessment, Special Circumstances, Standing Under Solicitors Act 1974
Costs Law Insolvency Law Solicitor's Bills Detailed Assessment Special Circumstances Standing Under Solicitors Act 1974

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Parties

BFS Investments PLC (In Liquidation)

Claimant

Manches PLC

Defendant

Procedural Posture

Costs Assessment Application / Judgment on Application for Detailed Assessment of Paid and Unpaid Solicitor's Bills

Legal Issues

  1. 1 Whether the Claimant has standing to seek detailed assessment of bills chargeable to the liquidators under section 71 of the Solicitors Act 1974
  2. 2 Whether special circumstances exist to justify detailed assessment of paid bills

Ratio Decidendi

The Claimant, having paid the bills from its assets, falls within the class entitled to seek detailed assessment under section 71. The correspondence from the Defendant constituted a representation that bills would be assessed after payment if required, amounting to special circumstances justifying an order for assessment.

Court Disposition

Application granted in part

Orders

  • Detailed assessment ordered for the schedule 2 bills and the last 4 schedule 1 bills.