header-logo header-logo

Put pen to paper

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

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 due course, the defendant
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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
back-to-top-scroll