A guide to Solicitors Act assessments and the one-fifth rule under section 70 of the Solicitors Act 1974. Learn when a client can challenge a solicitor’s bill and who pays the costs of assessment.

Turner J upheld the decision of the Court below that the Respondent firm of Solicitors was entitled to be paid costs incurred under the ausp

When a CFA is transferred between firms, procedural steps can affect costs recoverability. Understanding duplication, authority, and proportionality issues is key to managing assessment risk.

Ever since the inception of the Civil Procedure Rules, CPR 36 has provided a powerful and invaluable tool to parties seeking to encourage...

Significant developments in litigation may justify revising a costs budget under PD 3E. Understanding when and how revisions apply protects recoverability at assessment.

Only a couple of weeks ago, the Court of Appeal handed down their eagerly awaited decision on late acceptance of Part 36 offers and how...

Late acceptance of Part 36 offers and fixed costs – don’t expect indemnity costs.

Court of Protection bills are assessed with close attention to necessity, delegation and proportionality. Understanding assessment risks improves recoverability outcomes.

A further decision as to how a Costs Management Order (“CMO”) should be interpreted upon Detailed Assessment

Part 36 and Fixed Costs, Reversal Decision in Whalley v Advantage Insurance case explained

BEATING YOUR PART 36 OFFER DOESN’T MEAN YOU GET MORE THAN THE PROVISIONAL ASSESSMENT CAP There is a conceptual difference between fixed...

**Editorial note:** This case note discusses costs disallowance for misconduct. For a broader view of litigation costs recoverability, detailed assessment consequences, and costs risk, see our guide to specialist costs lawyers and law costs draftsmen . There have, in the past, been occasions where allegations have been made that a receiving party has incorrectly or even inappropriately included work in between the parties costs claims, such allegations being most normally ve

REPRIEVE FOR SUCCESS FEES FROM THE NEW PROPORTIONALITY TEST The Court of Appeal has handed down its long-awaited judgment in the case of...

Indemnity costs must be judged by conduct at the time, not with hindsight. Understanding this distinction is vital for resisting or advancing indemnity costs arguments at detailed assessment.

SPH explain the OPG 105 form and it’s impact one year on. Effects of New Measures Introduced Last Year Professional Deputies Annual Bills...

When Can a Costs Budget Be Revised? Costs budgets are not fixed forever. Under PD 3E, parties must revise their budget where a significant development occurs. However: Overspend alone is not a significant development A failure to understand the case at the CCMC is not a justification Late attempts to “repair” a budget are often rejected This is a key issue for paying parties seeking to limit recovery. 👉 See: Proportionality Challenges at Detailed Assessment. The Distinction

Relief from Sanction Denied for Costs Budget 1 day out of time – Lakhani & Another v Mahmud & Others [2017] EWHC 1713 (Ch). Ever since...

Application of QOCS – Significant New Decision confirms application against Compensatory Bodies The issue of when and where Qualified...

WHAT IS THE POINT OF COSTS BUDGETING? NOW WE HAVE THE ANSWER! – Harrison v University Hospitals Coventry and Warwickshire NHS Trust...

Refusal to mediate – sanctions won’t always apply. Following the decision of Briggs LJ in PGF II SA v OMFS Company 1 Limited [2013] EWCA...