Litigation Letter
Repudiatory breach by solicitors
Minkin v Cawdery Kaye Fireman & Taylor (a firm) [2011] EWHC 177 (QB); 7 February
Gary Minkin instructed the appellant solicitors to represent him at a final court hearing in relation to an occupation and
non-molestation order. The solicitors had estimated that their overall charges and expenses were likely to be £3,500 plus
VAT and Mr Minkin had made a payment of £2,000 on account. However, the first bill in the sum of £5,472.50 exceeded the estimate
and the client promptly complained. The solicitors explained that the costs estimate had been exceeded because of additional
work and delivered a second bill for £1,092 for subsequent work carried out and refused to carry out any further work without
payment. On a detailed assessment of the two bills, the master found the solicitors were in repudiatory breach of contract
as, in accordance with clause 6 of the firm’s standard business terms, the client had a reasonable justification for withholding
payment of the balance of the first bill because it had exceeded the estimate. Consequently, the solicitors were not entitled
to any fees after the client had accepted their repudiatory breach.