285 MERRYLANDS ROAD MERRYLANDS

APPEAL – leave to appeal – interlocutory order striking out solicitor’s claim to recover legal costs referable to period before costs disclosure made – submission that subsequent costs disclosure removed barriers to suing for costs for prior services – such submission at odds with statutory language and intent – no exceptional circumstances or well-based apprehension of miscarriage of justice warranting leave to appeal

COSTS – Action by a solicitor to recover costs – Solicitor did work for defendant from February 2009 to 8 July 2010 and rendered a bill – No costs agreement in existence until 9 July 2010 when solicitor commenced doing further work for defendant, after having delivered a costs agreement which could be accepted by conduct – Defendant paid for work covered by fee agreement for work done after 9 July 2010 – Application by defendant for dismissal of claim