Description
The appellant successfully appealed against the court's refusal to make an order for detailed assessment of bills delivered by the respondent firm of solicitors. The order sought had been refused owing to the applicant's failure to comply with the formal requirements of such an application. It was argued for the Respondent that the Appellant had failed to state the remedy sought, the legal basis under which it was claimed and had failed to sign a statement of truth. The court refused to allow rectification of the errors highlighted by the Respondent and the claim was dismissed. On appeal it was held that there being no defence on the merits to this claim; the claim could not be dismissed for formal deficiency. The defects in the claim form did not prevent the Respondent establishing the basis of the Appellant's claim. It was held that the trial judge had acted in error.
