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GLOSSARY

Disbursements definition

Published by a LexisNexis Practice Compliance expert

What does Disbursements mean?

Any sum spent or to be spent on behalf of a client

Examples including search fees incurred on behalf of conveyancing clients. The amount of a disbursement must be clearly and accurately expressed, and monies must be held in accordance with the SRA Accounts Rules 2011.

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File and matter closure checklist

File and matter closure checklist Housekeeping Requirement Compulsory or recommended? Comments (if any) ☐ Establish a process to ensure files are reviewed for loose ends before being closed. Recommended (Insert any comments you may wish to make regarding your firm’s arrangements) ☐ Have a process for ensuring property belonging to the client is:—returned to client and client acknowledged receipt, or—placed into store and storage log updatedSee Precedents: Receipt of documents—client acknowledgment and Client property storage log. Recommended (Insert any comments you may wish to make regarding your firm’s arrangements) Client care Requirement Compulsory or recommended? Comments (if any) ☐ Ensure closing letters are sent to clients.See Precedent: Matter closure letter. Recommended (Insert any comments you may wish to make regarding your firm’s arrangements) ☐ Ensure your method of monitoring client satisfaction is carried out, eg your client satisfaction survey is sent to clients.See Precedent: Client satisfaction survey. Compulsory for Lexcel accredited firms; otherwise recommended Lexcel England and Wales v6.1: Standard for legal practices, s 6.6 (Insert any comments...

DBA checklist—employment tribunal matters

DBA checklist—employment tribunal matters This checklist will help assess whether a damages-based agreement (DBAs) for employment tribunal matters complies with relevant legislation and regulatory requirements. It can also be used to assess whether a process for employment DBAs meets regulatory requirements. A: General requirements Complete section A for all damages based agreements (DBAs). If you answer ‘no’ to any question, the proposed DBA may be unenforceable and/or may breach SRA requirements. Requirement Compliant? Additional information Agreement is in writing Yes/No The agreement must be in writing DBA relates to advocacy or litigation services in an employment matter Yes/No DBAs are permitted only for advocacy or litigation services. The definition of proceedings includes any sort of proceedings for resolving disputes (and not just proceedings in a court), whether commenced or contemplated.An employment matter is a matter that is or could become the subject of proceedings before and employment tribunal (see Practice Note: Damages-based agreements—employment tribunal matters—What constitutes an ‘employment matter’) The DBA does not provide for a payment (including VAT)...

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Information on costs—new clients 2011 [Archived]

You must treat clients fairly and ensure you achieve this outcome in all your dealings regarding costs. This practice note explains the regulatory requirements that you must comply with in relation to providing costs information to your client, particularly when taking on new clients. It also summarises requirements that apply under the SRA's Transparency Rules.This Practice Note reflects requirements under the 2011 SRA Handbook. Practice Note: Information on costs—law firms reflects the SRA Codes of Conduct 2019. The requirements in the 2019 Codes represent the bare bones of those in the 2011 Code, as shown in Practice Note: Information on costs—SRA 2011 regime and SRA 2019 regime compared [Archived]. However, the pared-down requirements in the 2019 Codes do not signify a relaxation of the SRA’s expectations. Generally, the omitted items in the Codes can be mapped across to one or more obligation in the SRA Principles 2019.Costs information requirementsYou must treat clients fairly and ensure you achieve this outcome in all your dealings regarding costs.Amount of costsFailure to provide adequate...

Stages of the mediation

Stages of the mediation This Practice Note sets out the key stages of the mediation process, including pre-mediation meetings with the client and mediator, joint sessions with all parties, opening presentations, private meetings during the mediation, possible settlement at the mediation and issues arising after the mediation. Before the mediation For information on practical arrangements for the mediation, such as arranging the venue, timing and attendees, see Practice Note: Organising a mediation. Pre-mediation meetings—lawyer and client It is best practice for you to meet with the client(s), and where appropriate for counsel or experts to meet, before the mediation to agree tactics and the role each attendee should have at the mediation, though this may have to be flexible depending on how the mediation progresses. It is sometimes helpful if the client will take on a leading role in the mediation and make the opening presentations as it can be more persuasive than the lawyers making them and it can feel more natural. It is frequently the case...

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Deed of variation of lease

Deed of variation of lease date [date] Parties 1 [name of Landlord] [of OR incorporated in England and Wales (company registration number [number]) whose registered office is at] [address] (Landlord) 2 [name of Tenant] [of OR incorporated in England and Wales (company registration number [number]) whose registered office is at] [address] (Tenant) 3 [[name of Guarantor] [of OR incorporated in England and Wales (company registration number [number]) whose registered office is at] [address] (Guarantor)] 1 Definitions In this Deed, the following definitions apply: Effective Date • [today OR the date of this Deed OR [other date on which the variation is to take effect]]; [Guarantor’s Obligations • the covenants on the part of the Guarantor in [the Lease OR a [describe other document in which the guarantor gave its guarantee] made between (1) [details of party], (2) [details of party] and (3) [the Guarantor OR [name of Guarantor]] ];] Lease • a lease dated [date] made between (1) [the Landlord OR [name of...

Letter of instruction to a single joint expert in financial remedy proceedings

Letter of instruction to a single joint expert in financial remedy proceedings 1 Introduction This is a letter of instruction to you to act as a single joint expert in financial remedy proceedings relating to divorce proceedings between [client’s full name] and [spouse’s full name]. You are being instructed jointly by [lead firm preparing letter] who act on behalf of [client’s full name] and [name and address of spouse’s solicitors], [telephone number and email of spouse’s solicitors] on behalf of [spouse’s full name], but on the basis that you will provide an expert opinion independent of each of them. At the first appointment on [date of first appointment], District Judge [name] sitting at the Family Court at [location] made the following order [insert exact wording from order]. The scope of your instructions is set out in the order dated [date of first appointment order] and in this letter. 2 Arrangements for preparing the report Should you need to discuss the report, either on a preliminary basis...

Dive into our 95 Precedents related to Disbursements

What costs am I entitled to claim for a post-July 2013 RTA matter where, under the MoJ portal, damages will exceed £25000?

What costs am I entitled to claim for a post-July 2013 RTA matter where, under the MoJ portal, damages will exceed £25000? We refer you to Practice Note: The Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents and the link to the protocol therein. Specifically, we refer you to paragraph 4.3 of the protocol which states: This Protocol ceases to apply to a claim where, at any stage, the claimant notifies the defendant that the claim has now been revalued at more than the Protocol upper limit. In addition, see paragraph 7.76 which states: Where the claimant gives notice to the defendant that the claim is unsuitable for this Protocol (for example, because there are complex issues of fact or law in relation to the vehicle related damages) then the claim will no longer continue under this Protocol. However, where the court considers that the claimant acted unreasonably in giving such notice it will award no more than the fixed costs in...

When submitting an employer’s liability/public liability claim through the portal, how should the claim be funded? Should the client be signing a conditional fee arrangement, despite the fixed costs applying?

When submitting an employer’s liability/public liability claim through the portal, how should the claim be funded? Should the client be signing a conditional fee arrangement, despite the fixed costs applying? The Pre-Action Protocol for Low Value Personal Injury (Employers' Liability and Public Liability) Claims applies to claims valued up to £25,000 where the accident occurred on or after 31 July 2013. This protocol details the necessary procedure to use when dealing with low value employer’s liability and public liability claims, including setting out a fixed costs regime. Fixed costs are when the court orders that a party should only pay a fixed sum in respect of costs incurred by the other party. The only costs allowed under this protocol are: • fixed costs, and • prescribed disbursements For information on the costs allowed under the protocol, see Practice Notes: The Pre-Action Protocol for Low Value Personal Injury (Employers' Liability and Public Liability) Claims (in particular the section on ‘Costs’) and Fixed costs in employer liability and...

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EU Law weekly highlights—5 June 2025

This week's edition of EU Law weekly highlights includes analyses of the Court of Justice’s judgments on Malta’s investor citizenship scheme and right to rectification of personal data related to gender identity. In addition this week, the European Commission has published its proposal for the 2026 EU budget, adopted the European Water Resilience Initiative, proposed a two-year delay for the due diligence provisions of the Sustainable Batteries Regulation, launched a call for evidence on political advertising transparency, launched a public consultation to inform the forthcoming Data Union Strategy, published guidance on anticipatory investments in EU electricity grids, launched a call for evidence to inform the development of an EU strategy for nuclear fusion energy, the European Union Intellectual Property Office extended its mediation services and the Council of the EU agreed its position on the ‘pharma package’.

Financial Services weekly highlights—5 June 2025

This week's edition of Financial Services weekly highlights includes: FCA’s new Enforcement Guide; Council of the EU’s approval of regulation amending CRR as regards requirements for securities financing transactions under net stable funding ratio; UNEP FI’s review of sector mappings to enhance sustainability impact clarity; plus dates for your diary over the coming week.

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