Defects in Solicitors Act claims

Szekeres v Alan Smeath and Co ChD LSG 18 August

The client made a CPR Part 8 claim for the detailed assessment of eight bills of costs under s70 of the Solicitors Act 1974. Although the application was made within the one-month time limit in s70(1) the claim did not state the question the client wanted the court to decide, did not state the remedy sought or the legal basis of the claim, failed to state whether the claim was being made under any enactment, and had not included a statement of truth. It also failed to state that CPR Part 8 applied as required by that rule. The costs judge upheld the solicitor’s contention that the discrepancies meant that the claim form was not effective to commence proceedings within the one-month time limit.