Menzies (claimant/respondent) v Oakwood Solicitors Ltd (defendant/appellant)
Wednesday 5 July 2023
By Appellant’s Notice filed on 4 January 2023, the Defendant solicitors appeal against the order made by Bourne J dated 14/12/22 allowing the Claimant’s appeal from a decision of Costs Judge Rowley.
This issue is when payment of a solicitors’ bill by deduction from monies received from the opponent amounts to payment for the purposes of s 70 Solicitors Act 1974.
Costs Judge Rowley ruled that C’s application for detailed assessment of costs was time-barred by s.70(4) of the 1974 Act because it was made more than one year after the relevant costs had been paid
The D’s case is that payment by deduction, in circumstances where the deduction is provided for in principle by the retainer and is foreshadowed by notice and quantified in s sum certain within a delivered statute bill is payment within the meaning of that term in s. 70 Solicitors Act 1974.
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