Cases

Milne v David Price Solicitors & Advocates

Held

Dismissing the application and directing an assessment of DPSA’s bill: (1) the parties had agreed to treat the CFA as in effect terminated by the client, thereby triggering his liability to pay the solicitor's basic charges under the terms of the CFA. (2) The Court rejected Milne’s version of events, preferring the evidence of DPSA’s employed barrister with conduct of the case; in particular it found that Milne, an experienced litigator, had expressly agreed to be liable for those fees before instructing DPSA to settle on those terms. (3) The Court also rejected Milne's numerous allegations of negligence and breach of retainer, as well as any suggestion that he had thereby been forced into settling at an unacceptably low figure.

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