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
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

Clarke Willmott—Declan Goodwin & Elinor Owen

Clarke Willmott—Declan Goodwin & Elinor Owen

Corporate and commercial teams in Cardiff boosted by dual partner hire

Hill Dickinson—Joz Coetzer & Marc Naidoo

Hill Dickinson—Joz Coetzer & Marc Naidoo

London hires to lead UK launch of international finance team

Switalskis—11 promotions

Switalskis—11 promotions

Firm marks start of year with firmwide promotions round

NEWS
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The next generation is inheriting more than assets—it is inheriting complexity. Writing in NLJ this week, experts from Penningtons Manches Cooper chart how global mobility, blended families and evolving values are reshaping private wealth advice
Artificial intelligence (AI) is rapidly transforming sport, from recruitment and training to officiating and fan engagement. Writing in NLJ this week, Professor Dr Ian Blackshaw of Valloni Attorneys at Law explains how AI now influences everything from injury prevention to tactical decisions, with clubs using tools such as ‘TacticAI’ to gain competitive edges
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
back-to-top-scroll