Restitution to the rescue; $390,000.00 (96%) recovery within 2 months for Accounting practice with no Fee Agreement.

The client, an Accounting practice, had performed work for a major client over a number of years and had not rendered an Account. There was no formal Fee Agreement in place. When the relationship broke down the Accountant rendered invoices tootling approximately $410,000.00. The debt was disputed.

The Accountant sought assistance from Roberts Legal who prepared and issued a detailed Letter of Demand asserting express verbal and/or implied terms of a Fee Agreement entitling the Accountant to payment and, in the alternate, a right to payment under the Law of Restitution.

The letter of demand was quickly referred to a Solicitor for advice. Within two (2) months the matter was resolved by agreement and without the need for any Court proceedings to be commenced or the engagement of any independent expert to provide an opinion as to the value of the work performed by the Accountant.

The Accountant received $390,000.00 (96% of the fees claimed) despite the lack of any formal Fee Agreement specifying applicable charge rates.

By Sam Roberts,
Managing Director, Accredited Specialist (Commercial Litigation)