The defendant had instructed the claimant solicitors to represent him. He had asked to see a solicitor, but had in fact seen an unqualified but very experienced person whose status was not made clear to him. He later refused to pay the bill.
Held: The firm had broken the practice rules. The defendant had contracted for the supply of legal services by a solicitor. Though there was nothing to suggest that he had been disadvantaged by the breach: ‘a firm of solicitors which is asked for a solicitor and, without telling the client that the advisor is not a solicitor, provides an advisor who is not a solicitor should not be entitled to recover anything. ‘ The client should not be obliged to pay the bill.
Citations:
[1999] EWCA Civ 1011, [1999] 2 FLR 139, [1999] 2 Costs LR 109, [1999] 3 All ER 355
Links:
Jurisdiction:
England and Wales
Legal Professions, Costs
Updated: 05 December 2022; Ref: scu.145926
