Re Thompson: CA 1885

Client’s Right to Taxation of Bill is Settled Law

Cotton LJ said: ‘Now, it has been well established that, when a solicitor sends in his bill, he gives the client to whom he sends it in a right to have that bill taxed. That rule was laid down to prevent any attempt being made by solicitors to impose on clients, who did not know what the proper charges were, by sending in a bill which would not stand taxation, and then, when taxation was insisted on or threatened, sending in another bill which they knew could stand taxation. The rule has been carried so far that even where objections have been made to particular items of a bill delivered, and the solicitors have, with the assent of the client, taken back the bill for the purpose of reconsideration and have struck out certain items, the Court has held that the bill to be taxed must be the bill as it was originally sent in and not the bill as amended.’

Cotton LJ
(1885) 30 Ch D 441
Solicitors Act 1843
England and Wales

Legal Professions

Leading Case

Updated: 31 October 2021; Ref: scu.401614