Caselaw Digest
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Aaron Hensley v Morris Law Limited

[2024] EWHC 1101 (SCCO)
A client asked their solicitor for a proper bill for their legal services. The solicitor gave a bill that was missing key information. The court said the solicitor had to give a full and proper bill, and the client got to keep the money spent to get this done.

Key Facts

  • Claimant sought delivery of a statute bill of costs under Section 68 of the Solicitors Act 1974.
  • Defendant provided a bill dated September 22, 2022, detailing a success fee but lacking comprehensive cost breakdown.
  • Dispute centered on whether the provided bill complied with statutory requirements for a complete bill of costs.
  • The Court considered case law concerning the content and format of compliant statute bills, including Cobbett v Wood [1908] 2 KB 420, Boodia v Richard Slade and Co [2018] EWCA Civ 2667, Belsner v Cam Legal Services Ltd [2022] EWCA Civ 1387, and Karatysz v SGI Legal LLP [2022] EWCA Civ 1388.

Legal Principles

A statute bill of costs must be a complete bill of the fees, charges, and disbursements due.

Cobbett and Ors v Wood [1908] 2 KB 420

A complete bill doesn't necessitate a single document; it can comprise various parts if their unity is clear.

Cobbett and Ors v Wood [1908] 2 KB 420

Fees and charges can be in one document, disbursements in another.

Boodia v Richard Slade and Co [2018] EWCA Civ 2667

Statute bills should state agreed charges, intended charges, disbursements, payments received, outstanding sums, and sums demanded.

Karatysz v SGI Legal LLP [2022] EWCA Civ 1388

The requirement for a complete bill existed well before the Karatysz decision.

Judge's interpretation of case law

A solicitor must provide a compliant bill when specifically requested, regardless of whether the client could pursue a section 70 assessment.

Judge's interpretation of case law

Outcomes

Claimant's application for delivery of a final statute bill was successful.

The defendant's bill was incomplete and didn't comply with the established legal requirements for a statute bill as per the cited case law.

Claimant awarded costs for the application.

Success in the section 68 application entitles the claimant to costs under CPR 44.2.

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