High court judgment shapes cost estimate obligations

In the significant case of Emmanouil Spanakis v Schillings International LLP, the High Court's ruling delivered on 14 April 2025 has shed light on the contractual obligations solicitors have concerning cost estimates. The case emerged from ongoing disputes over fees related to a defamation case wherein the appellant, Mr Spanakis, challenged the charges levied by the law firm Schillings International LLP.

The core issue raised during the proceedings was whether the solicitor had a duty to inform Mr Spanakis when the costs were likely to exceed the initial estimate provided at the start of the engagement. The initial indications suggested a cap of £10,000 for the preliminary phase of work. However, as the case developed, Mr Spanakis found himself confronted with a bill that significantly surpassed this amount, prompting his appeal against a previous decision made by Costs Judge Whalan on 29 August 2023.

Judge Whalan had previously concluded that the fees charged by Schillings were reasonable based on the work completed. Unhappy with this finding, Mr Spanakis contested several aspects of the decision, especially focusing on the judge's assessment of fee reasonableness and the stipulations within the retainer agreement.

Upon reviewing the case, Mrs Justice Tipples of the High Court scrutinised the cost estimates provided at the start of proceedings. She noted that these figures were not meant to be binding but rather illustrative estimates that could be adjusted based on the case's complexity. The court referred to Clause 8.3 of the Standard Terms of Business, which indicates a solicitor's duty to "endeavour" to inform clients if costs might exceed these preliminary estimates, yet does not impose a strict obligation to do so.

The judgment underscored that Mr Spanakis did not successfully demonstrate reliance on the estimated costs in a manner that would hold the solicitor accountable for going beyond them. Justice Tipples pointed out that Mr Spanakis had been made aware of potential cost increases by the firm and that he continued to instruct them to proceed with the case despite understanding these risks.

Importantly, the court validated the explanation for the increased fees, noting the intricate nature of the case and its unexpected developments. Justice Tipples observed that Mr Spanakis only raised objections to the cost increases after they had already escalated, which diminished his argument that he relied on the initial estimate as a limit on the charges.

Additionally, the court reaffirmed the standard legal principles regarding the reasonableness of solicitor fees, acknowledging that adequate documentation had existed to support the pricing justification presented. The ruling emphasizes that cost estimates should not be viewed as rigid limits but rather as preliminary figures that may evolve alongside case developments and client instructions.

Concluding the case, the court upheld the original ruling made by Costs Judge Whalan and dismissed Mr Spanakis' appeal. This pivotal decision delineates the intricacies of solicitor-client dynamics and the anticipated exchanges surrounding cost estimates within legal practices. It serves as an essential reminder for legal professionals to foster transparency regarding evolving costs and encourages clients to remain engaged in their billing discussions.

Ultimately, the Emmanouil Spanakis v Schillings International LLP judgment reinforces the importance of clear cost communication and defines the parameters within which these estimates function, thereby ensuring a more transparent solicitor-client relationship that can withstand legal examination.

Copyright & permissions