Solicitor and client costs—statutory assessments
Produced in partnership with 4 New Square

The following Dispute Resolution practice note produced in partnership with 4 New Square provides comprehensive and up to date legal information covering:

  • Solicitor and client costs—statutory assessments
  • Basis for a statutory assessment
  • Requesting an assessment
  • Timing of the application for assessment
  • Assistance in interpreting timing provisions
  • What does ‘the party chargeable with the bill’ mean?
  • What do ‘one month’ and ‘12 months’ mean?
  • When is a bill ‘delivered’?
  • When has a bill been ‘paid’?
  • What constitutes a solicitor’s bill?
  • More...

Solicitor and client costs—statutory assessments

This Practice Note covers statutory assessment of solicitor and client costs. A solicitor, their client and other persons can seek an assessment of the solicitor’s fees pursuant to the Solicitors Act 1974 (SA 1974). The SA 1974 defines ‘party chargeable with the bill’, and this is considered in this Practice Note along with an explanation of when that party makes the application, the relevant time periods and what the specific phrases within SA 1974, s 70 mean, including the timing of delivery and interim statute bills and what constitutes special circumstances. The Practice Note also considers whether a client can waive their rights to seek statutory assessment as well as applications made by persons other than a party chargeable (ie third party applications for statutory assessments), waiver of privilege for the purposes of challenging a bill and what happens if a solicitor has already brought a claim for their costs to be paid.

There are also other means to recover cost, including non-statutory assessments, see Practice Notes: Recovery of costs, solicitor’s rights, and non-statutory assessments and Client assessment of solicitor's costs—procedure. These cover:

  1. a solicitor’s ability to bring proceedings for recovery of their fees, subject to SA 1974, s 69, and other remedies

  2. a client’s ability to seek a non-statutory assessment of their solicitor’s costs where they are subject to a debt claim

Related documents:

Popular documents