Retainers, Liens and Bills

Question 1

Contract for Legal Services, Basis for Charging, no retainer, no costs

Answer 1

Milner v Bilton 1966

Question 2

A retainer is an entire contract

Answer 2

Underwoodv Lewis 1894

Question 3

Retainer can be implied, doesn’t have to be in writing (unless CFA)

Answer 3

Groom v Cocker 1939

Question 4

Leaving files at the office of a solicitor can imply a retainer

Answer 4

Parrot v Etchells 1839

Question 5

Statute/Section which states CFA must be in writing

Answer 5

Section 58 of Court and Legal Services Act 1990

Question 6

Statute/Section which implies a term for quality of service

Answer 6

Section 13 of Sale of Goods and Services Act 1982

Question 7

Statue/Section: Non-payment of a reasonable sum on account is good reason to terminate a retainer

Answer 7

Section 65 Solicitors Act 1974

Question 8

Unreasonable/Unarguable instructions are a good reason to terminate a retainer

Answer 8

Buxton v Mills Owen 2010

Question 9

If unreasonable to terminate retainer, not even payment on quantum meruit basis

Answer 9

Wild v Simpson 1919

Question 10

If unreasonable to terminate retainer, no right to costs

Answer 10

Romer v Haslam 1893

Question 11

If Claimant doesn’t fulfill their part of contract (no instructions, cooperation etc.) can charge on quantum meruit basis

Answer 11

Warmington v McMurray 1936

Question 12

Reasonable notice required for termination will depend on facts of the case

Answer 12

Gill v Heer Manak 2018

Question 13

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)”

Answer 13

Section 87 of The Solicitors Act 1974 (+Administration of Justice Act 1985)

Question 14

Statute/Section - Contentious Business Agreement must be in writing, paid by gross sum, hourly rate or salary

Answer 14

Section 59 of The Solicitors Act 1974

Question 15

Statute/Section - Court may consider if CBA is fair/reasonable, can reduce hourly rates/time claimed if excessive

Answer 15

Section 61 of the Solicitors Act 1974

Question 16

Statute/Section - Non-CBA can be sued/recovered upon, can be set aside, Court can reduce sum

Answer 16

Section 57 of the Solicitors Act 1974

Question 17

A CFA can be a CBA, cannot bring action under Part 7, commence under Part 8 instead, can apply to enforce/set aside

Answer 17

Healys v Partridge 2019

Question 18

A CFA can be a CBA, but can also include terms to state that it isn’t

Answer 18

Accupay v Stephenson Harwood 2021

Question 19

A Lien is a Defensive Remedy, works in ADR as well as Court proceedings

Answer 19

Edmonsons Solicitors v Haven Insurance 2018

Question 20

Equitable Liens operate by Security and Charge

Answer 20

Barker v St Quinton 1844

Question 21

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

Answer 21

Halvanon Insurance v Central Reinsurance 1988

Question 22

Statute/Section - Statutory right to exercise a lien

Answer 22

Section 73 of The Solicitors Act 1974

Question 23

Solicitors have lien over property until paid

Answer 23

Loescher v Dean 1950

Question 24

Property includes money on client account

Answer 24

Withers v Rybak 2011

Question 25

Must be tangible property, not electronic data

Answer 25

Your Response v Data Team 2014

Question 26

Making copies of a file and providing these to a client may break undertaking to preserve lien

Answer 26

Bently v Gaisford 1997

Question 27

Statute/Section - (1) Can ask for reasonable payment on account (2) can terminate retainer if not paid

Answer 27

Section 65 of The Solicitors Act 1974

Question 28

Statute/Section - (1) Bill can be detailed or gross (2) 3 months to request detailed if provided with gross

Answer 28

Section 64 of The Solicitors Act 1974

Question 29

Unreasonable sum requested and not paid, found wrongful to terminate retainer

Answer 29

Wong v Vizards 1997

Question 30

Insufficient detail in bill - required to include type of work and when completed

Answer 30

Carter-Ruck v Mireskandri 2011