Assessment after 12 months

Kundrath (Silvia) v Harry Kwatia & Gooding [2004] EWHC 2852 (QB)

After the claimant had queried her solicitors’ bill, she requested that it be assessed pursuant to s70 of the Solicitors Act 1974. The solicitors replied that it was for the client to apply for assessment and that because a month had passed since they had delivered the bill, any order for assessment would be subject to her paying 40% of it into court. Eleven months after delivery of the bill the solicitors served a statutory demand for payment. The costs judge refused the client’s application for a detailed assessment on the ground that there were no special circumstances within the meaning of s70(3) justifying assessment more than 12 months after delivery of the bill. The claimant submitted that there were special circumstances within the meaning of s70 in that the solicitors’ letter had been misleading, and also there was a real issue as to whether the retainer had been terminated when the solicitors, who remained on the record as her solicitors, sought payment when there was no client care letter.