Jemma Trust Company Ltd. v Liptrott & Anor (No.2)

Jemma Trust Company Ltd. v Liptrott & Anor (No.2)

The fair and reasonable charge for the solicitors' bills, considering all statutory factors, the complexity and duration of the estate administration, the conduct of the parties, and the guidance of the Court of Appeal, is £500,000. This includes a value element higher than the regressive scale but justified by the...

Source-derived case information.

Parties
Claimant: Jemma Trust Company Limited; Defendant: Peter D’Arcy Liptrott; Defendant: John Forrester
Jurisdiction
England and Wales
Judgment Date
02 February 2004
Procedural Posture
Assessment of Solicitors' Bills (non Contentious Probate) / Costs Judge's Reserved Judgment After Court of Appeal Guidance
Outcome
Solicitors' bills assessed at £500,000 as fair and reasonable remuneration for work done to date, with a 5% reduction for duplication. No further deductions ordered.
Legal Topics
Solicitors' Remuneration, Assessment of Costs, Value Element in Legal Fees, Non Contentious Business, Executor's Duties
Probate Costs Legal Profession Regulation Solicitors' Remuneration Assessment of Costs Value Element in Legal Fees Non Contentious Business Executor's Duties

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Jemma Trust Company Limited

Claimant

Peter D’Arcy Liptrott

Defendant

John Forrester

Defendant

Procedural Posture

Assessment of Solicitors' Bills (non Contentious Probate) / Costs Judge's Reserved Judgment After Court of Appeal Guidance

Legal Issues

  1. 1 Whether solicitors can charge a value element in addition to hourly rates for non-contentious probate work
  2. 2 What is a fair and reasonable remuneration for solicitors in the administration of an estate under the Solicitors’ (Non Contentious) Remuneration Order 1994
  3. 3 Whether specific deductions should be made for alleged duplication, lack of records, or other alleged inefficiencies in the bills rendered

Ratio Decidendi

The fair and reasonable charge for the solicitors' bills, considering all statutory factors, the complexity and duration of the estate administration, the conduct of the parties, and the guidance of the Court of Appeal, is £500,000. This includes a value element higher than the regressive scale but justified by the circumstances. A 5% reduction was made for duplication between Mr Liptrott and Mr Marriott. No further deductions were warranted for the other objections raised.

Court Disposition

Solicitors' bills assessed at £500,000 as fair and reasonable remuneration for work done to date, with a 5% reduction for duplication. No further deductions ordered.

Orders

  • Solicitors' bills reduced to a total of £500,000 for the period in question.
  • No further deductions for specific objections or alleged inefficiencies.