Solicitor–Client Costs Assessment Representation

Section 70 of the Solicitors Act 1974 provides a framework for applications to assess a solicitor’s bill. Timing matters. Applications within the first month after delivery are treated differently from later applications, and payment, judgment and the passage of time can affect the court’s power or discretion. There is also a statutory restriction linked to payment more than 12 months before the application.

These are not simply diary rules that can be summarised as one universal deadline. The nature of the bill, delivery, payment history and circumstances must be checked. We review the documents promptly and explain the apparent route, any further evidence needed and whether specialist advice or another representative is required for a particular issue.

We examine the engagement letter, terms of business, funding agreement, estimates and subsequent communications. Costs information may have developed as the case changed. A higher final bill does not automatically mean that every charge is unreasonable, but the information given, consent obtained and work actually undertaken require scrutiny. The scope of the client’s instructions is a central consideration.

The time ledger is reviewed alongside the litigation or transaction history, not in isolation. Delegation, duplication, hourly rates, counsel’s fees and other disbursements may need explanation. We distinguish an argument about the reasonableness of an item from a contractual question about whether it falls within the retainer at all. Those issues may require different evidence.

CPR 46.9 deals with the basis of assessment of solicitor and client costs and contains important presumptions concerning approval and costs incurred. Its operation must be considered with the retainer and the particular facts. Solicitor–client assessment should not be presented as simply applying the same proportionality exercise used in a standard-basis inter partes assessment.

Preparation may include a bill chronology, disputed-item schedule, relevant correspondence and clear submissions on the applicable rules. We confirm the issues the court is being asked to decide and the representative’s scope of authorisation. Where there are separate negligence allegations or wider merits disputes, those should not be assumed to fall within a costs-only instruction.

The costs of the assessment itself require advice. Section 70 includes rules linked to the extent of a reduction, together with provisions allowing the court to address the circumstances. A client should not assume that obtaining any reduction means the solicitor must pay all assessment costs. Equally, a law firm should consider the evidential and commercial risk of defending the bill.

Negotiation may resolve the disagreement before substantial hearing expense is incurred. We consider the disputed value, quality of evidence and likely cost of proceeding, while keeping statutory timing in view. If the court makes an assessment or related order, the resulting figures and payment obligations should be checked carefully. Any further challenge requires immediate advice on the correct procedure.