Q&As

Are costs outside a client's retainer to be included when applying the one-fifth rule when dealing with the costs of a solicitor costs assessment?

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Published on LexisPSL on 25/11/2015

The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:

  • Are costs outside a client's retainer to be included when applying the one-fifth rule when dealing with the costs of a solicitor costs assessment?

Are costs outside a client's retainer to be included when applying the one-fifth rule when dealing with the costs of a solicitor costs assessment?

Until recently the position was that such costs were not to be included when determining whether the costs assessment had decreased the costs or not by at least one-fifth such that the solicitor had to pay the costs of the costs assessment.

In Bentine, the Court of Appeal held that section 70 of the Solicitors Act 1974 (SA 1974) should be construed in light of the Court of Appeal decision in Re Clark—the

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