The applicant law firm sought an order to refer its account to assessment more than 12 months after delivery.
The applicant had represented the respondent in a personal injury claim before the respondent changed counsel.
The new counsel acknowledged an instruction to protect the applicant's account from settlement proceeds but failed to notify the applicant when the matter settled or pay the account.
The court found these constituted special circumstances under the Solicitors Act, allowing the assessment to proceed, and awarded substantial indemnity costs against the respondents.
