The applicant sought an order directing an assessment of the respondent solicitor’s accounts under the Solicitors Act more than 12 months after the accounts were delivered and paid in full.
The court considered whether “special circumstances” existed to justify permitting a late assessment.
Evidence showed the applicant had signed a retainer agreement setting an hourly rate, received detailed accounts, and paid them without objection at the time.
The applicant failed to identify specific overcharging or explain the delay in seeking an assessment.
The court held that the applicant had not met the burden of establishing special circumstances and dismissed the application with costs.
