Retainers, Liens and Bills Flashcards
Section A - Lawyer and Client (2x 10 Mark Questions) (30 cards)
Contract for Legal Services, Basis for Charging, no retainer, no costs
Milner v Bilton 1966
A retainer is an entire contract
Underwoodv Lewis 1894
Retainer can be implied, doesn’t have to be in writing (unless CFA)
Groom v Cocker 1939
Leaving files at the office of a solicitor can imply a retainer
Parrot v Etchells 1839
Statute/Section which states CFA must be in writing
Section 58 of Court and Legal Services Act 1990
Statute/Section which implies a term for quality of service
Section 13 of Sale of Goods and Services Act 1982
Statue/Section: Non-payment of a reasonable sum on account is good reason to terminate a retainer
Section 65 Solicitors Act 1974
Unreasonable/Unarguable instructions are a good reason to terminate a retainer
Buxton v Mills Owen 2010
If unreasonable to terminate retainer, not even payment on quantum meruit basis
Wild v Simpson 1919
If unreasonable to terminate retainer, no right to costs
Romer v Haslam 1893
If Claimant doesn’t fulfill their part of contract (no instructions, cooperation etc.) can charge on quantum meruit basis
Warmington v McMurray 1936
Reasonable notice required for termination will depend on facts of the case
Gill v Heer Manak 2018
Statute/Section - Definition of Contentious Business - “work of a solicitor/advocate before a Court/Arbitrator (+which is not classed as non-contentious within Senior Courts Act 1981)”
Section 87 of The Solicitors Act 1974 (+Administration of Justice Act 1985)
Statute/Section - Contentious Business Agreement must be in writing, paid by gross sum, hourly rate or salary
Section 59 of The Solicitors Act 1974
Statute/Section - Court may consider if CBA is fair/reasonable, can reduce hourly rates/time claimed if excessive
Section 61 of the Solicitors Act 1974
Statute/Section - Non-CBA can be sued/recovered upon, can be set aside, Court can reduce sum
Section 57 of the Solicitors Act 1974
A CFA can be a CBA, cannot bring action under Part 7, commence under Part 8 instead, can apply to enforce/set aside
Healys v Partridge 2019
A CFA can be a CBA, but can also include terms to state that it isn’t
Accupay v Stephenson Harwood 2021
A Lien is a Defensive Remedy, works in ADR as well as Court proceedings
Edmonsons Solicitors v Haven Insurance 2018
Equitable Liens operate by Security and Charge
Barker v St Quinton 1844
Application to preserve lien must show Solicitor was (a) instructed (b) owed fees (c) holds property and (d) the property was the product of proceedings
Halvanon Insurance v Central Reinsurance 1988
Statute/Section - Statutory right to exercise a lien
Section 73 of The Solicitors Act 1974
Solicitors have lien over property until paid
Loescher v Dean 1950
Property includes money on client account
Withers v Rybak 2011
