Solicitor and client costs Definition

GLOSSARY

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What does Solicitor and client costs mean?

SCCO Guide defines this as costs payable by a client to a solicitor under the terms of a contract made between them. The expression is used in order to distinguish these costs from “costs between the parties” and ‘legal aid only costs’ (costs payable by the Legal Aid Agency to a solicitor or barrister).

View the related checklists about Solicitor and client costs

Old provisions relating to success fees and policy premiums—checklist [Archived]

Old provisions relating to success fees and policy premiums—checklist [Archived] ARCHIVED: This Checklist has been archived and is not maintained. This Checklist sets out historical provisions which were revoked on 1 April 2013 and is not maintained. However, due to transition arrangements, the provisions may continue to be relevant in proceedings where a conditional fee agreement or an insurance policy was entered into prior to 1 April 2013. These are the provisions referred to in CPR PD 48, para 1.3. Part CPR reference Provision (this is a copy of the CPR rule) Part 43Scope of costs rules and definitions 43.2(1)(a) costs includes fees, charges, disbursements, expenses, remuneration, reimbursement allowed to a litigant in person under rule 48.6, any additional liability incurred under a funding arrangement and any fee or reward charged by a lay representative for acting on behalf of a party in proceedings allocated to the small claims track 43.2(1)(k) funding arrangement means an arrangement where a person has—(i) entered into a conditional fee agreement...

Making a statutory demand for dispute resolution lawyers—checklist

Making a statutory demand for dispute resolution lawyers—checklist This Checklist considers the option for someone who is owed money (referred to throughout as a creditor) to make a statutory demand against an individual or company that owes such funds (referred to throughout as a debtor) but is unable to pay. It is intended as a high level summary of the key considerations from a dispute resolution lawyer’s perspective. For detailed guidance and case law concerning statutory demands, see: Statutory demands for restructuring and insolvency professionals—overview. Otherwise, for a general understanding of contractual debt claims and, in particular, the considerations that apply in the context of disputed debts, see: • Practice Note: Debt claims • Practice Note: Starting a contractual debt claim — a practical guide, and • Starting a contractual debt claim—checklist For a checklist setting out some of the key considerations for a debtor on receipt of a statutory demand from a dispute resolution perspective, see: Responding to a statutory demand for dispute resolution lawyers—checklist. Finally, you might also...

Solicitor and client costs—procedure for assessment

Solicitor and client costs—procedure for assessment This Practice Note considers how to obtain an order for assessment, the procedure to be followed, in the event that an assessment is ordered (including the documents and evidence required, the assessment hearing and the costs of the assessment). The provisions relating to the assessment of solicitors' costs are in CPR 46 and CPR PD 46, para 6.1 onwards. Note: The Solicitors Act 1974 (SA 1974) is referred to as SA 1974 in this Practice Note. For further information on: • a client’s right to request and assessment, see Practice Note: Solicitor and client costs—rights to an assessment • the High Court’s jurisdiction to order the delivery by a solicitor of a bill of costs (SA 1974, s 68), see Practice Note: Solicitor and client costs—applications for delivery • the requirements of a statute bill, see Practice Note: Solicitor and client costs—statute bills • the basis of assessment in a solicitor-client assessment, see Practice Note: Solicitor and client costs—basis of assessment How to obtain...

VAT on costs

VAT on costs This Practice Note explains the special provisions that pertain to VAT in relation to costs that are the subject of either summary or detailed assessment before the High Court. The relevant provisions are in Civil Procedure Practice Direction 44 (CPR PD 44). Entitlement to VAT on costs This is addressed at CPR PD 44, paras 2.3–2.6. The party seeking to recover its costs is responsible for ensuring that VAT is only claimed if, and to the extent that, it is unable to recover from HMRC the VAT that is has incurred. Where the party can: • recover the VAT from HMRC, it should not be included in a claim for costs • recover a proportion of the VAT from HMRC, only that proportion which is not recoverable from HMRC should be included in the claim for costs The VAT registration number of the legal adviser must appear in a prominent place at the head of every statement, bill of costs, fee sheet, account or voucher...

Discover our 26 Practice Notes on Solicitor and client costs

Schedule of costs precedents—Precedent K

Schedule of costs precedents—Precedent K UPON THE APPLICATION OF THE [PARTY] [the parties and their representatives who attended] AND UPON HEARING AND UPON READING the documents on the court file IT IS ORDERED THAT 1 The [PARTY] must within

Precedent L—Order for detailed assessment (client)

Precedent L—Order for detailed assessment (client) Schedule of cost precedents—Precedent L Order on Client’s Application for Detailed Assessment of Solicitor's Bill DATED the [DATE] Claim No. [insert claim number]. [IN THE HIGH COURT OF JUSTICE [BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location]] ] [Specify division] [Specify specialist court] [Insert location] DISTRICT REGISTRY OR THE COUNTY COURT AT [insert location] [BUSINESS AND PROPERTY COURTS LIST] ] BETWEEN: [CLAIMANT] Claimant and [DEFENDANT] Defendant UPON THE APPLICATION OF THE [PARTY] [the parties and their representatives who

Dive into our 3 Precedents related to Solicitor and client costs

Can a solicitor bring a claim against a client for disbursements incurred, but not yet paid, on the client's behalf?

Can a solicitor bring a claim against a client for disbursements incurred, but not yet paid, on the client's behalf? As explained: You may not bring a claim for your costs before the expiry of one (calendar) month from the date on which the statute-compliant bill was delivered (Solicitors Act 1974 (SA 1974), s 69(1)) and You can also not bring a claim for your costs if the client has made an application to the court for a detailed assessment of costs under SA 1974, s 70(1) or has obtained an order for the bill to be assessed. It would appear therefore that any item which is correctly claimed within a statute compliant bill, can then be included in a claim for unpaid costs. However, the following applies to disbursements: • disbursements are addressed in s 67 of the Act

In a transfer of equity for no value, is it necessary to undertake a bankruptcy or land registry search if there are no charges against the property? Who is liable to pay the disbursements of these searches?

In a transfer of equity for no value, is it necessary to undertake a bankruptcy or land registry search if there are no charges against the property? Who is liable to pay the disbursements of these searches? Bankruptcy search Land charge searches are not required for dealings with registered land, however, if title to the property includes a deed of gift or a transfer at an apparent undervalue which was made within the period of five years ending with the making of the bankruptcy application or presentation of the bankruptcy petition, any such disposition is at risk of being set aside as a preference if the donor or transferor becomes bankrupt during that period (see Practice Note: Quick guide to property insolvency). If this is the case, you should also make bankruptcy searches against the donor or transferor and advise your client as to the risk. Indemnity insurance may be required. Where there has been such a deed of gift or transaction at an apparent undervalue,...

See the 17 Q&As about Solicitor and client costs

Dispute Resolution weekly highlights—12 September 2024

This week's edition of Dispute Resolution weekly highlights includes analysis of a number of key DR developments and key judicial decisions including the Lady Chief Justice’s Lord Lowry Lecture and the High Court decision in Lindsay v O'Loughnane [2024] EWHC 2232 (KB) (freezing injunctions); dates for your diary; details of our most recently published content; and other information of general interest to dispute resolution practitioners.

Issue for solicitors sending interim bills to clients where conditional fee agreement payments are not yet identified (Signature Litigation LLP v Bidzina Ivanishvili)

Dispute Resolution analysis: The Court of Appeal held that interim invoices which had been submitted under a ‘discounted conditional fee agreement’ were not final or complete since they did not include the additional fees, success fees and uplift fees which depended upon the outcome of the litigation. The court determined that the invoices were requests for payments on account and, since they did not constitute statute bills, the time limits applicable for challenging bills under section 70 of the Solicitors Act 1974 (SA 1974) did not apply. Written by Shilpa Shah, barrister at Ropewalk Chambers.

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