Cases

Milne v David Price Solicitors & Advocates

Facts

Following his successful libel action against the publishers of the Sunday Telegraph the Claimant (Milne) instructed the Defendant (DPSA) under a Conditional Fee Agreement (CFA) to act on his behalf in the detailed assessment of his costs. He had lodged a bill of costs claiming £105,000, which included a figure of £70,000 for costs incurred when acting for himself through his own firm in the 5 weeks between publication of the article and his being adjudicated bankrupt. Some weeks prior to the hearing of the costs assessment Milne instructed DPSA to accept an all-in offer of £42,000, which was below the Defendant's Calderbank offer and well below what the CFA defined as an ‘acceptable offer of settlement’. The parties fell out, Milne disputing that he was liable in these circumstances to pay DPSA’s basic charges, DPSA contending that he had expressly agreed to be liable for them. Milne applied for a ruling accordingly.

Also