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.

Rippon Patel And French LLP v Mowlam [2020] EWHC 1079 (QB)

Solicitors Act 1974 | Part Payments, Delay And Special Circumstances

This was an appeal from a decision of Master Nagalingam in which he found that a bill rendered by the solicitors to their former client had not been paid and that “special circumstances” existed such that a detailed assessment, pursuant to section 70 of the Solicitors Act 1974, should be carried out.

cost estimate

Inaccurate Estimates Of Costs And Special Circumstances Under s70(3)

Master Rowley determines that special circumstance exist by reason of a discrepancy between costs estimates provided and the costs actually billed.

better late than never

What Might Amount To “Special Circumstances” Under s70(3) Of The Solicitors Act 1974?

Special offer

Can a without prejudice offer displace the one-fifth rule in a Solicitors Act assessment?

one-fifth rule

Want of retainer and the one-fifth rule

Costs that are disallowed for want of retainer should not factor in the calculation of the one fifth rule.