Solicitors Act assessment delay

McIllraith v McIllraith and Stevens & Bolton SCCO 15 2002

A beneficiary sought an order from the Court for the assessment of the costs charged to an estate pursuant to s71(3) of the Solicitors’ Act 1974 even though more than 12 months had elapsed since those costs had been paid. Although s70(4) of the Act barred such an application, there was nevertheless a residual discretion under s71(4) to allow assessments in this sort of situation. Section 71(4), although a matter to be taken into account, was not determinative of applications under s71(3). Nevertheless, the applicant must show some special circumstances why the Court should exercise its discretion to order an assessment out of time.