Solicitor Dispute in Divorce

Manxman_in_exile

pphillips wrote: »

It seems to me you have 3 different potential ways of defending the case:
1. The contract was discharged by performance - this requires the contract to be completed so that the obligations come to an end. In other words, the further invoice was a mistake.
2. The contract was discharged by agreement - this required both parties to agree to bring the contract to an end and release each other from it in a new contract requiring a payment.
3 Estoppel by representation - this can be used to enforce a representation that was made by one person in order to induce the other person to make a payment in faith of their representation, when they later go on to deny it.

So what happens if the client is overcharged on a final invoice and pays it? (See #36). By your argument the client couldn't claim it back


I can only see the OP winning if the last invoice was raised in error. I would also expect a solicitors' invoice to explicitly exclude errors and omissions .


I also can't believe that different laws apply to solicitors' invoices

pphillips

Manxman_in_exile wrote: »

So what happens if the client is overcharged on a final invoice and pays it? (See #36). By your argument the client couldn't claim it back


I can only see the OP winning if the last invoice was raised in error. I would also expect a solicitors' invoice to explicitly exclude errors and omissions .


I also can't believe that different laws apply to solicitors' invoices

The situation at #36 was that a payment had been made but the basis for that payment failed to materialise. If the payment had not been returned from the solicitor, the client could sue the solicitor on the basis that:
A. The solicitor breached the contract due to a partial failure of consideration, or
B. The law of restitution allows for recovery because the solicitor has been unjustly enriched.

It is not the case that different laws applies to solicitors' invoices. However, solicitors are required to follow the ethical and accounting regulations that have been set by their regulator.