Belsner v CAM Legal Services: informed consent and solicitor–client costs

Ms Belsner’s solicitors deducted part of her damages to cover charges not recovered from the other side. She sought assessment. The case raised whether the deduction notice was a bill for Solicitors Act purposes, the time limits for seeking assessment, and the standard of consent needed before a solicitor can charge more than is recoverable.

The Court of Appeal, led by Sir Geoffrey Vos MR, examined the nature of the consent required before a solicitor can rely on a client’s approval of charges, as well as the Solicitors Act points on bills and time limits. The specific findings on whether the client could obtain an assessment turned on the facts, so practitioners should read the judgment itself before relying on those parts.

Under CPR 46.9(3), costs are presumed reasonable if expressly or impliedly approved by the client, but costs of an unusual nature or amount are presumed unreasonable unless the solicitor told the client they might not be recovered from the other side. The Court of Appeal emphasised that, to rely on approval, the client must have given informed consent, which depends on clear explanation of what is being agreed.

That means the client care letter and later updates need to explain, in plain language, the rates being charged, how they compare with what may be recovered, and the likely shortfall. Vague references to rates being higher than recoverable may not be enough, particularly for consumers and vulnerable clients.

Belsner is regularly cited when clients challenge a solicitor’s bill, and when firms review funding agreements and deductions from damages. It also connects with the wider theme of the retainer: the documents agreed at the outset decide what can be charged to the client and, through the indemnity principle, what can be recovered from an opponent.

Firms should check that end-of-matter statements are clear about whether they are intended as final bills, and that clients understand their rights to seek assessment under the Solicitors Act 1974.

Review client care templates for clear explanations of charges and shortfalls. Record conversations explaining costs, especially where rates exceed guideline hourly rates. When a client dispute arises, gather the retainer, updates and final account before deciding whether to defend, negotiate or concede an assessment.

This article summarises reported judgments for general information in England and Wales. Read the full judgment and any later guidance or appeals before relying on it in a particular matter.