Carpmaels & Ransford Llp & Anor v Regen Lab SA [2021] EWHC 845 (Comm) (17 February 2021)

Carpmaels & Ransford Llp & Anor v Regen Lab SA [2021] EWHC 845 (Comm) (17 February 2021)

The defendant's breach was serious and significant, there was no good reason for the failure to file a defence, and the defendant's conduct and lack of evidence showed no real prospect of a successful defence. The claimants' bills collectively amounted to a final bill upon termination of the retainers, and there were no special circumstances justifying an assessment under section 70(3) of the Solicitors Act 1974. Accordingly, the application to set aside the default judgment and for assessment was refused.

Citation
[2021] EWHC 845 (Comm)
Parties
Claimant: Carpmaels & Ransford LLP; Claimant: Collyer Bristow LLP; Defendant: Regen Lab SA
Jurisdiction
England and Wales
Judgment Date
17 February 2021
Procedural Posture
Commercial Claim for Unpaid Solicitors' Fees / Application to Set Aside Default Judgment
Outcome
Application refused; default judgment stands.
Legal Topics
Relief From Sanctions, Default Judgment, Solicitors' Fees, Assessment of Costs, Solicitors Act 1974
Civil Procedure Legal Profession Relief From Sanctions Default Judgment Solicitors' Fees Assessment of Costs Solicitors Act 1974

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Parties

Carpmaels & Ransford LLP

Claimant

Collyer Bristow LLP

Claimant

Regen Lab SA

Defendant

Procedural Posture

Commercial Claim for Unpaid Solicitors' Fees / Application to Set Aside Default Judgment

Legal Issues

  1. 1 Whether the defendant should be granted relief from sanctions and have the default judgment set aside
  2. 2 Whether the claimants' bills were compliant with the Solicitors Act 1974
  3. 3 Whether there are special circumstances justifying an assessment of the bills under section 70(3) of the Solicitors Act 1974

Ratio Decidendi

The defendant's breach was serious and significant, there was no good reason for the failure to file a defence, and the defendant's conduct and lack of evidence showed no real prospect of a successful defence. The claimants' bills collectively amounted to a final bill upon termination of the retainers, and there were no special circumstances justifying an assessment under section 70(3) of the Solicitors Act 1974. Accordingly, the application to set aside the default judgment and for assessment was refused.

Court Disposition

Application refused; default judgment stands.

Orders

  • Application to set aside default judgment refused.
  • Application for assessment under section 70(3) of the Solicitors Act 1974 refused.