Bilkus v Stockler Brunton (a firm)[2010] EWCA Civ 101, [2010] All ER (D) 182 (Feb)
Court of Appeal, Civil Division, Ward, Longmore and Stanley Burnton LJJ, 16 February 2010
The Court of Appeal has given guidance on the meaning of contentious and non-contentious work for the purposes of, inter alia, the Solicitors (Non-Contentious Business) Remuneration Order 1994, SI 1994/2616 (SRO 1994).
William Stockler of Stockler Brunton for the solicitors. Tim Chelmick (instructed by HC Solicitors LLP) for the claimant.
In January 2001 the solicitors were retained by the claimant to act for him in a dispute about his interest in a company. A letter of retainer was issued which set out the basis for the firm’s charges.
Proceedings were subsequently issued by the solicitors on the claimant’s behalf. In October 2003 a judgment was issued providing, inter alia, the price for the claimant’s shares was to be determined by an independent valuer, not by the court. The valuer would act as an expert, not an arbitrator.
The solicitors continued to act in regard to the valuation of the share, and the detailed assessment of the costs