Software supplier challenges solicitor's fees

Background of the Case

The High Court was presented with a dispute between Topalsson GmbH, a German software supplier, and CMS Cameron McKenna Nabarro Olswang LLP, a prominent law firm. The case centred around the detailed assessment of 27 bills rendered by the Defendant between August 2019 and May 2022. The Claimant sought an order under section 70 of the Solicitors Act 1974, challenging the nature of these bills and the fees charged.

Nature of the Dispute

The primary contention was whether the bills were interim statute bills or whether they constituted a 'Chamberlain' bill, a series of on-account bills amounting to a single final statute bill. The Claimant argued that the bills were not interim statute bills and thus subject to detailed assessment. Conversely, the Defendant maintained that all but the last bill were interim statute bills, precluding them from such assessment.

Legal Framework

The case invoked section 70 of the Solicitors Act 1974, which governs the assessment of solicitor's bills. The court examined whether the bills fell under subsections (2), (3), or (4) of section 70, determining the conditions under which a detailed assessment could be ordered. The court also considered whether 'special circumstances' justified a detailed assessment of bills delivered more than a year before the proceedings.

Judgment

Senior Costs Judge Gordon-Saker concluded that the Defendant was not entitled to render interim statute bills. The court found that the bills were part of a running account, forming a single final statute bill dated 30th May 2022. This conclusion was based on the absence of clear contractual terms indicating that the monthly bills were final for the period they covered.

Special Circumstances

The court considered several factors as potential 'special circumstances' justifying a detailed assessment, including discrepancies in cost estimates, changes in personnel and hourly rates, and the Defendant's termination of the retainer. The court found that the significant increase in estimated costs warranted further enquiry, constituting special circumstances for assessment.

Implications for Solicitors

This case underscores the importance of clear contractual terms regarding billing practices. Solicitors must ensure that clients are informed of the nature and implications of interim statute bills. The judgment highlights the need for transparency in cost estimates and the potential consequences of failing to adhere to agreed billing practices.

Conclusion

The court's decision to order a detailed assessment of the final statute bill reflects a commitment to ensuring transparency and fairness in solicitor-client relationships. The case serves as a reminder of the stringent requirements under the Solicitors Act 1974 and the importance of clear communication in legal billing.

Learn More

For more information on solicitor billing practices and client rights, see BeCivil's guide to Contractor Law.

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