Costs Estimates And The Relevance Of A Costs Budget As Between Solicitor And Client

“The best indication of what the Claimant is likely to have done, had an estimate been provided in good time, is what the Claimant did do on 17 April 2020, which was to continue to instruct the Defendant. Nor do I have any idea of what the Claimant’s costs, following a change of solicitor, might have been, so it is not possible to limit the cost recoverable by the Defendant to any such figure.”

Statute Bills | Electronic Signature And Delivery By Email

“…the electronic signatures on the emails were electronic signatures for the purposes of s.69(2B). The question then arises as to whether the emails were letters for the purposes of s.69(2A)(b)…. the purpose of s.69(2A) is to convey to the client that the bill has been authorised by the solicitor. That can be done by either a signature on the bill or a signature on the communication that accompanies the bill. In my experience solicitors’ bills are sent to clients either by post, usually with an accompanying letter, or by email. Sometimes they are sent by both means. It would, as Mr Griffiths submits, be absurd if a solicitor, sending a bill by email, were required to send, as another attachment, a letter in pdf form which contained no more information than that contained in Mr Weinberg’s email.”

COSTS BUDGETING AND THE EFFECT OF CPR 46.9(3)(C)

Costs Budgeting And The Effect Of CPR 46.9(3)(c)

To avoid the presumption applied by CPR 46.9(3)(c) the solicitor is required to explain to the client that the costs may not be recovered because they were unusual. “Unusual” must therefore be read in the context of a between the parties assessment. That is not to be equated with costs which are merely “unreasonable”. A solicitor is not required to inform the client that particular costs may not be recovered because a court may conclude that they were not reasonably incurred or reasonable in amount.

increase

s70(3) | ‘Exceptional Increase’ In Hourly Rates Gives Rise To Special Circumstances

The Claimant solicitors acted for the Claimant in matrimonial proceedings between November 2013 and September 2018. Following a “long history of protracted, difficult litigation” including a divorce suit, ancillary relief and Family Law Act non-molestation and occupation order applications the Claimant faced total legal costs in the sum of £263,426.11.

Clock is ticking

Interim Statute Bills | Does Your Retainer Allow Them?

In this SCCO decision on a preliminary issue before the start of a Solicitors Act assessment Master Rowley found that whilst the interim statute bills rendered to the client by his solicitors throughout the life of the retainer were to all intents and purpose statute in form and content, the retainers (private and then CFA) did not allow them to be rendered.

Informed Consent

CPR 46.9 | Fiduciary Duties And Informed Consent

A solicitor who wishes to rely on having been given informed consent for the purposes of CPR 46.9(2) must not only point to a written agreement which meets the requirements of the rule, but must also show that his client gave informed consent to that agreement insofar as it permitted payment to the solicitor of an amount of costs greater than that which the client could have recovered from another party to the proceedings. For this purpose, the solicitor must show that he made sufficient disclosure to the client.

Interim Statute Bills Versus Requests For Payment On Account

“It is entirely routine for clients to seek Section 70 Detailed Assessment and for there to be a dispute between the parties as to whether the Bill in question is an interim statute, or interim non-statute, Bill. If the Solicitor prevails in arguing that it is an interim statute Bill and beyond the scope of Detailed Assessment, that is the end of it. However, if the client prevails in arguing that it is an interim non-statute Bill, the usual outcome is for an order that the Solicitor should render a final Bill for those costs, that will enable the same to be assessed as the client wishes.”