header-logo header-logo

14 June 2012 / Simon Gibbs
Issue: 7518 / Categories: Features , Procedure & practice , Costs
printer mail-detail

Put pen to paper

The absence of a written retainer can cause costs chaos, says Simon Gibbs

 

A useful reminder of the importance of understanding the basics of costs law comes  in the form of the decision of Mrs Justice Lang in Fladgate LLP v Harrison [2012] EWHC 67 (QB), [2012] All ER (D) 45 (Feb).
 
The defendant had instructed the claimant firm of solicitors to undertake certain work. The claimant sent the defendant a draft engagement letter setting out the terms of the instructions and asking the defendant to inform them if the letter was incorrect in any way. No response was made. A final version of the engagement letter was subsequently sent to the defendant, together with the firms’ terms of business and the defendant was invited to complete and sign the letter. No response was received to the letter and the claimant continued to act for the defendant. Various interim invoices were sent to the defendant. 

No written contract

In
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

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll