‘Impecunious’ former clients of international firm Fieldfisher must pay £1.5m in unpaid fees if they do not compy with a court order, a costs judge has ruled.

The firm was instructed by Olga Scherbakova and her brother Alexander in regard to a contentious probate claim. Under the retainers, the siblings incurred fees of £1,944,078.48 from December 2022 to August 2023. Fieldfisher sued its former clients due to a ‘substantial balance of unpaid fees’.

According to the judgment in Fieldfisher LLP v Olga Scherbakova & Anor the defendants have paid £461,832.78 leaving an outstanding balance of £1,482.245.70. The siblings failed to comply with an order for a payment on account of £741,122.85.

Fieldfisher made an application for an ‘unless order’ seeking payment of the ordered sum within seven days, failing which judgment would be entered for the full amount, plus interest’. On the last day for payment, the siblings submitted an application for the unless order to be discharged and the interim payment order to be set aside or varied.

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Costs judge Nagalingam said the firm ‘now finds themselves approaching the eve of 2026, still seeking recovery of fees incurred in 2022 and 2023’ adding: ‘The fact is that the claimant has real and genuine concern that they risk throwing good money after bad if the defendants either cannot pay or have no intention of paying the balance of the claimant’s fees whether assessed or not. The claimant’s concern is that the defendants’ intention is to delay an assessment for as long as possible.

‘The sum ordered is already substantially less than the amount owed, and there is no indication or argument raised from the defendants…that a lower sum would have been justified.’

The judge found there had been no material change of circumstances since the unless order was made which would lead to revoking it.

Dismissing the Scherbakovs’ application and ordering they pay Fieldfisher's costs, the judge said: ‘A substantial sum of unpaid fees remains outstanding and notwithstanding the interim payment order was limited to 50% of the outstanding amount, the defendants have not meaningfully engaged in any steps which might at least part-comply with the original interim payment order.

‘It appears the defendant was content to make no further payments until and unless they were ordered to, and it was left to the claimant to sue upon their unpaid fees.' The judge said the Scherbakovs' must understand that their liability for £1,482,245.70 plus interest of £270,953.69 and costs 'is a consequence of their conduct'.