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12 February 2009 / Jonathan Pratt
Issue: 7356 / Categories: Opinion , Procedure & practice
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Disputed retainer

In billing disputes is the client always right? asks Jonathan Pratt

'It is important for solicitors that the terms of their retainer are agreed in writing'

In the case of Sibley & Co v Reachbyte Limited (1) and Kris Motor Spares Limited (2) [2008] EWHC 2665, Mr Justice Peter Smith heard an appeal from the decision of Deputy Master Hoffman to disallow £131,840 of counsel’s fees on a detailed assessment. Smith J’s decision to uphold the fi rst instance decision was, in part, based on his fi nding that, where there is a factual dispute as to the extent of a retainer between solicitor and client, the starting point is that the client’s view ought to prevail.

Background
In or around June 2000, Mr Krishnani approached Sibley & Co (Sibley) on behalf of Reachbyte Limited and Kris Motor Spares Limited to obtain advice about a dispute with Brewin Dolphin. That dispute eventually ended in a drop hands settlement shortly before trial was due to commence in March 2007.
Mr Krishnani challenged Sibley’s last bill of £479,380,07. Th at bill included fees for leading counsel (£151,070) and

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