Q&As

What is the correct procedure to follow where a solicitor wishes to issue a claim to recover its costs from a client and the client has not disputed the bill, nor sought statutory assessment under the Solicitors Act 1974. Also is the claim under CPR 7 or CPR 8? Early correspondence with the client has been in accordance with the Pre-action Protocol for Debt Claims.

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Published on LexisPSL on 01/03/2018

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

  • What is the correct procedure to follow where a solicitor wishes to issue a claim to recover its costs from a client and the client has not disputed the bill, nor sought statutory assessment under the Solicitors Act 1974. Also is the claim under CPR 7 or CPR 8? Early correspondence with the client has been in accordance with the Pre-action Protocol for Debt Claims.
  • Solicitors rights to sue for costs and issues
  • Part 8 proceedings

What is the correct procedure to follow where a solicitor wishes to issue a claim to recover its costs from a client and the client has not disputed the bill, nor sought statutory assessment under the Solicitors Act 1974. Also is the claim under CPR 7 or CPR 8? Early correspondence with the client has been in accordance with the Pre-action Protocol for Debt Claims.

Solicitors rights to sue for costs and issues

As a solicitor you can bring proceedings for recovery of your fees, subject to section 69 of the Solicitors Act 1974 (SA 1974), and may be entitled to other remedies if your fees are unpaid.

You may not bring a claim for your costs before the expiry of one (calendar) month from the date on which the statute-compliant bill was delivered. As you mention, this time limit has now passed.

It appears that you can either issue Part 7 or Part 8 proceedings to recover the

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