Want of retainer and the one-fifth rule

one-fifth rule

This was a case concerning the effect of costs disallowed for want of retainer upon the application of the “one-fifth rule” contained in s70(9) of the Solicitors Act 29174. Following a little known pre WWII authority, Proudman J found that costs that had been disallowed on assessment for want of retainer could not factor into the one-fifth calculation in order to determine the winner.

BENTINE v BENTINE [2013] EWHC 3098 (CH)