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 petition.’
An untaxed solicitor’s bill of costs is a disputed debt, and: ‘Before such taxation takes place [that’s to say, taxation of the Bill of Costs concerned] there is no certainty whatever as to whether all or any specific part of the debt alleged by the petition will be found truly due to the Petitioners.’
Judges:
Slade J
Citations:
[1981] 1 WLR 133
Jurisdiction:
England and Wales
Cited by:
Cited – Truex v Toll ChD 6-Mar-2009
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 . .
Lists of cited by and citing cases may be incomplete.
Legal Professions, Insolvency
Updated: 07 May 2022; Ref: scu.317856
