A challenge was made as to the legal costs on the grant of a lease of a valuable commercial property. Held: In relation to the time spent on the business which was the third factor in the 1972 Order: ‘The magnetic attraction of factor (iii) as a foundation for assessment of fair and reasonable remuneration … Continue reading Treasury Solicitor v Regester: 1978
The court laid down guidance for solicitors in charging in the administration of estates: ‘when one comes to translate value into terms of the legal bill, the approach involves two ingrained habits of legal thought. There is nothing strictly logical about either, but they are so ingrained that all approaches have to take them into … Continue reading Maltby v D J Freeman: 1978
In the context of a compulsory purchase of a central London building, the court commented on the various factors which the Order required to be taken into account. In relation to ‘the amount or value of any money or property involved’:- ‘This is an objective test of the importance of the transaction and strongly influences … Continue reading Property and Reversionary Investment Corporation Ltd v Secretary of State for the Environment: 1975
Solicitors sought to challenge an order disallowing a costs item for the administration of an estate which included a percentage of the estate. Held: Despite advances in time recording, ‘we see no reason to say that it is no longer appropriate for solicitors to make a separate charge based on value, provided always that one … Continue reading Jemma Trust Company Ltd v Liptrott, Forrester, Kippax Beaumont Lewis: CA 24 Oct 2003
The expression ‘proceedings to recover costs’ in the Solicitors’ Remuneration Order 1972 . . includes a winding up petition even though such a petition does not lead to an order for payment of the sum in question. It may well be, and I incline to the view, that this conclusion would apply to a bankruptcy … Continue reading In Re Laceward Ltd: ChD 1981
The claimant instructed solicitors in injunction proceedings which they conducted negligently. The solicitors had put the case in the hands of an incompetent junior clerk. She sued acting in person, and succeeded but now appealed the only limited form of damages awarded. Held: She was entitled to repayment of the legal costs paid by her … Continue reading Heywood v Wellers: CA 1976
The bankrupt appealed against an order in bankruptcy made against her on application by her former solicitors in respect of their unpaid costs. The bankrupt said that since the bill was yet untaxed, it might be altered and could not base a statutory demand. Held: The bankrupt’s appeal was allowed. A claim for solicitors’ fees … Continue reading Truex v Toll: ChD 6 Mar 2009
The parties had engaged in a bitter 95 day trial in which allegations of forgery, theft, false accounting, blackmail and arson. A company owning patents and other rights had become insolvent, and the real concern was the destination and ownership of . .
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