Fereidooni v Pettman Smith [2001] EWHC 9007 (Costs) (18 July 2001)

Fereidooni v Pettman Smith [2001] EWHC 9007 (Costs) (18 July 2001)

The solicitors failed to discharge the burden of proving the terms of the retainer; in the absence of persuasive evidence from the solicitors, the client's version of the retainer was accepted.

Citation
[2001] EWHC 9007 (Costs)
Parties
Claimant: Mr Fereidooni; Defendant: Pettman Smith
Jurisdiction
England and Wales
Judgment Date
18 July 2001
Procedural Posture
Costs Assessment Appeal / Appeal From Detailed Assessment Before the Master
Outcome
appeal dismissed
Legal Topics
Solicitor Client Retainer, Costs Assessment, Burden of Proof in Retainer Disputes
Civil Procedure Legal Costs Solicitor Client Retainer Costs Assessment Burden of Proof in Retainer Disputes

Case Brief

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Parties

Mr Fereidooni

Claimant

Pettman Smith

Defendant

Procedural Posture

Costs Assessment Appeal / Appeal From Detailed Assessment Before the Master

Legal Issues

  1. 1 What were the terms of the retainer between the claimant and the defendant solicitors?
  2. 2 Who bears the burden of proof in disputes over the terms of a solicitor's retainer?

Ratio Decidendi

The solicitors failed to discharge the burden of proving the terms of the retainer; in the absence of persuasive evidence from the solicitors, the client's version of the retainer was accepted.

Court Disposition

appeal dismissed

Orders

  • Respondent's claim for £1,100 costs allowed at £750.