Special circumstances

Falmouth House Freehold Co Ltd and another v Morgan Walker LLP [2010] EWHC 3092 (Ch) 23 November

The solicitors’ invoice was dated 11 November 2008 but the client’s claim form seeking a detailed assessment was not issued until 19 November 2009. As more than 12 months had elapsed since the invoice was sent, the client had to show, pursuant to the Solicitors Act 1974 s70(3), that ‘special circumstances’ existed. Ordering a detailed assessment, the costs judge took into account, among other things, the fact that a large sum was being claimed and the fact that the invoice was confusing and called for an explanation.