SZ Solicitors (a firm) & Ors v Jaswant Singh Bharj & Anor

SZ Solicitors (a firm) & Ors v Jaswant Singh Bharj & Anor

SZ Solicitors are entitled to recover fees for work done for Mr and Mrs Bharj, but recovery is limited by section 74(3) of the Solicitors Act 1974 to the amount recoverable from the 3CL claimants (£180,000), less credits for payments made and sums already received. There was no written retainer or client care letter; the work was not on a fixed fee basis. The bills are to be assessed, and the recoverable amount is further reduced by 20% to reflect deficiencies in record-keeping and overcharging. SZ is also entitled to recover fees for the 7 other matters, subject to appropriate credits. The one-fifth rule does not apply as this is a common law assessment. Interest is awarded on the sums due.

Parties
Claimant: SZ Solicitors (A Firm); Claimant: Mohammad Saeed Zafar; Claimant: Raghwinder Singh Siddhu; Defendant: Mr Jaswant Singh Bharj; Defendant: Mrs Amrik Kaur Bharj
Jurisdiction
England and Wales
Judgment Date
22 August 2024
Procedural Posture
Civil / Final Judgment After Trial
Outcome
Claim allowed in part; judgment for Claimants for assessed fees and interest; costs awarded to Claimants subject to limitations.
Legal Topics
Solicitors' Fees, Retainer Agreements, Costs Assessment, Solicitors Act 1974, Witness Statement Compliance, Interest on Judgment Debts
Civil Procedure Legal Profession Contract Solicitors' Fees Retainer Agreements Costs Assessment Solicitors Act 1974 Witness Statement Compliance +1 more

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Parties

SZ Solicitors (A Firm)

Claimant

Mohammad Saeed Zafar

Claimant

Raghwinder Singh Siddhu

Claimant

Mr Jaswant Singh Bharj

Defendant

Mrs Amrik Kaur Bharj

Defendant

Procedural Posture

Civil / Final Judgment After Trial

Legal Issues

  1. 1 Whether SZ Solicitors are entitled to recover fees from Mr and Mrs Bharj for 8 matters including the 3CL claim and 7 other cases
  2. 2 Whether there was a written retainer or client care letter
  3. 3 Whether fees were agreed on a fixed fee basis and paid in advance

Ratio Decidendi

SZ Solicitors are entitled to recover fees for work done for Mr and Mrs Bharj, but recovery is limited by section 74(3) of the Solicitors Act 1974 to the amount recoverable from the 3CL claimants (£180,000), less credits for payments made and sums already received. There was no written retainer or client care letter; the work was not on a fixed fee basis. The bills are to be assessed, and the recoverable amount is further reduced by 20% to reflect deficiencies in record-keeping and overcharging. SZ is also entitled to recover fees for the 7 other matters, subject to appropriate credits. The one-fifth rule does not apply as this is a common law assessment. Interest is awarded on the sums due.

Court Disposition

Claim allowed in part; judgment for Claimants for assessed fees and interest; costs awarded to Claimants subject to limitations.

Orders

  • Defendants to pay Claimants £50,102.42 for the 3CL claim and £24,216 for the 7 other matters, with interest at 3% over base rate from 18 July 2015 (3CL claim) and 26 November 2016 (other matters)
  • Claimants' costs limited to £10,000 issue fee and £1,175 trial fee, plus £20,550 for adjournment costs on indemnity basis