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12 February 2009 / Jonathan Pratt
Issue: 7356 / Categories: Opinion , Procedure & practice
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Disputed retainer

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In billing disputes is the client always right? asks Jonathan Pratt

'It is important for solicitors that the terms of their retainer are agreed in writing'

In the case of Sibley & Co v Reachbyte Limited (1) and Kris Motor Spares Limited (2) [2008] EWHC 2665, Mr Justice Peter Smith heard an appeal from the decision of Deputy Master Hoffman to disallow £131,840 of counsel’s fees on a detailed assessment. Smith J’s decision to uphold the fi rst instance decision was, in part, based on his fi nding that, where there is a factual dispute as to the extent of a retainer between solicitor and client, the starting point is that the client’s view ought to prevail.

Background
In or around June 2000, Mr Krishnani approached Sibley & Co (Sibley) on behalf of Reachbyte Limited and Kris Motor Spares Limited to obtain advice about a dispute with Brewin Dolphin. That dispute eventually ended in a drop hands settlement shortly before trial was due to commence in March 2007.
Mr Krishnani challenged Sibley’s last bill of £479,380,07.

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