header-logo header-logo

27 September 2024 / Amy Dunkley
Issue: 8087 / Categories: Features , Profession , Costs
printer mail-detail

Conditional fee arrangements & interim statute bills: at odds with modern practice?

190798
Amy Dunkley analyses a recent judgment questioning the relationship between CFAs & interim statute bills
  • The Court of Appeal dismissed the appeal in Signature Litigation LLP v Ivanishvili on the grounds that invoices worth £12.8m were not ‘final nor complete’.
  • Coulson LJ noted the appeal was an example of the ‘ongoing problem’ of the Solicitors Act 1974’s dichotomy with modern practice.

The Court of Appeal recently dismissed the appeal in Signature Litigation LLP v Ivanishvili [2024] EWCA Civ 901, [2024] All ER (D) 43 (Aug) on the grounds that invoices worth £12.8m were not ‘final nor complete’. Coulson LJ concluded that 79 paid invoices were not ‘interim statute’ bills (ISBs) under the Solicitors Act 1974 (SA 1974), and therefore the s 70 limit for challenge of one year after the bill had been paid did not apply.

The question in the appeal was whether the invoices were requests for payments on account or ISBs: the right to issue the latter can only arise

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Firm awards training contracts to paralegals through internal programme

Ward Hadaway—Matthew Morton

Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

Thomson Hayton Winkley—Nina Hood

Thomson Hayton Winkley—Nina Hood

Cumbria firm appoints new head of residential property

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
back-to-top-scroll