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PRACTICE NOTES
This Practice Note considers how to obtain an order for assessment, the procedure to be followed, in the event that an assessment is ordered (including the documents and evidence required, the assessment hearing and the costs of the assessment). The provisions relating to the assessment of solicitors’ costs are in CPR 46 and CPR PD 46, para 6.1 onwards. Note, the Solicitors Act 1974 is referred to as SA 1974 in this Practice Note. For further information on: • a client’s right to request and assessment, see Practice Note: Solicitor and client costs—rights to an assessment • the High Court’s jurisdiction to order the delivery by a solicitor of a bill of costs (SA 1974, s 68), see Practice Note: Solicitor and client costs—applications for delivery • the requirements of a statute bill, see Practice Note: Solicitor and client costs—statute bills • the basis of assessment in a solicitor-client assessment, see Practice Note: Solicitor and client costs—basis of assessment How to obtain an order for assessment Making a Part 8 claim The procedure
CHECKLISTS
This Checklist provides guidance on how to obtain an order for assessment of costs payable to a solicitor by their client and the procedure to be followed. CPR 46.10 sets out the procedure for assessment and the court documents required. Consideration Guidance Further information Timing in which an application for assessment must be made Section 70 of the Solicitors Act 1974 (SA 1974) provides a gateway for either the solicitor or the ‘party chargeable’ (normally the client) to request an assessment of the solicitor’s bill.When making a request for an assessment under SA 1974, s 70, the timing of the application is critical as strict time limits apply. Whether the invoice has been paid is also relevant.SA 1974, s 70(1) provides that if the client requests an assessment of the solicitor’s bill within one month of the bill being delivered, the solicitor cannot commence any action on the bill and the client is entitled to have the bill assessed as of right without any sum being paid into court.Where the client
PRACTICE NOTES
This Practice Note covers the rights that a solicitor has to recover their fees to include the right to issue proceedings for payment of a bill and the exercise of proprietary rights over papers and/or sums recovered through their instrumentality. Note, the Solicitors Act 1974 is referred to as SA 1974 in this Practice Note. Can a solicitor recover fees? Whether a solicitor can recover their costs and disbursements will depend on the terms of the retainer between the solicitor and the client as a client will be liable to their instructed solicitors for costs incurred under that retainer. Where a client fails to pay costs and disbursements, a solicitor can bring proceedings for recovery of their fees but an action to recover costs must be in compliance with SA 1974, s 69. For guidance, see: Suing for recovery of costs. Reserved legal activities In Mazur v Charles Russell Speechlys LLP (2026), the Court of Appeal held that an unauthorised person may lawfully perform any tasks, which are within
PRACTICE NOTES
This Practice Note addresses the circumstances in which a solicitor-own client assessment may be requested. The primary route to an assessment is through the statutory rights provided in Part III of the Solicitors Act 1974 (SA 1974). SA 1974 provides the ‘party chargeable’ with rights to request assessment, along with certain third parties. This Practice Note seeks to summarise the tests to be applied and the various time limits which may ultimately restrict the ability to request an assessment. Note that the Solicitors Act 1974 is referred to as SA 1974 in this Practice Note. Where a solicitor brings a claim for payment of their statute bill, the defendant may also be able to exercise a ‘common law’ right to an assessment. This Practice Note explains the key differences between that common law right and the statutory rights under SA 1974. CPR provisions dealing with the assessment of solicitors' costs are found in CPR 46 and CPR PD 46, para 6.1 onwards. For further information, see Practice Note: Solicitor and client costs—procedure
PRACTICE NOTES
This Practice Note provides guidance on what a statute bill is and what is required for it to be compliant based on the express and implied requirements. It considers delivery of interim statute bills by agreement, the circumstances where there is ambiguity in the retainer as to whether a bill rendered is interim or not and whether a solicitor is entitled to deliver interim statute bills if a ‘natural break’ occurs prior to the conclusion of the matter. It also examines the different requirements including delivery, need for narrative information and the treatment of disbursements. References The Solicitors Act 1974 (SA 1974) is referred to as SA 1974 in this Practice Note. The terms 'bill' and 'invoice' are often used interchangeably. In this Practice Note the term 'bill' is largely used, being the same term used in SA 1974. What is a statute bill? A solicitor’s invoice will only be a ‘statute bill’ if it complies with the requirements of SA 1974, s 69. This is important because no claim may be brought by a solicitor
PRACTICE NOTES
A solicitor apprenticeship is typically a five- to six-year programme (for Trailblazer apprenticeships) or two to three years (for Graduate apprenticeships), leading to qualification as a solicitor. In order to qualify as a solicitor under the apprenticeship route, apprentices must: • pass both parts of the Solicitors Qualifying Exam (SQE1 and SQE 2) • complete at least two years’ full-time (or equivalent) qualifying work experience (QWE) • meet the SRA’s character and suitability requirements The solicitor apprenticeship scheme encompasses the academic, vocational, and assessment stages of professional legal training, combining on-the-job training with off-the-job study provided by an approved external training provider. The SQE and QWE elements of the SRA requirements for qualification as a solicitor are built into the apprenticeship programme. This Practice Note explains solicitor apprenticeships and key implications for employers offering apprenticeships to aspiring solicitors. It sets out the key elements of solicitor apprenticeships and the timeframes for qualification as a solicitor under this route, focusing on solicitor apprenticeships in England. For guidance on apprenticeships more generally, see Practice Note: Apprenticeships. Requirements for entry There
NEWS
Law360, London: A solicitor accused of encouraging an immigrant to file a false asylum application in footage recorded by undercover journalists has been cleared of all allegations as a tribunal said 5 March 2025 it had found no evidence that he had pushed for a 'false narrative'.
NEWS
Law360, London: The former owner of a defunct property law firm has been fined more than £4,000 for providing misleading information to an insurer when she was looking to renew her professional indemnity insurance, the Solicitors Regulation Authority (SRA) has said.
NEWS
Private Client analysis: Following a rectification and construction claim, the solicitors’ firm which drafted the Will was added for the purpose of considering whether it should pay some or all of the costs of the dispute. While the solicitors accepted that they should pay the costs of the construction aspect of the claim, they contested the argument that they should pay any of the costs of the rectification aspect which had failed. The Court held that because of the poor conduct of the solicitors who drafted the Will, it was difficult to be certain what the testator had intended. While this meant that the rectification claim had failed, it had not been unreasonable of the claimant to bring the claim. The solicitors or their insurers were ordered to pay 60% of all the parties’ costs of the total claim on the basis of the judge’s view of the extent to which the solicitors could fairly be said by their conduct and omissions to have been responsible for the claim. Written by Timothy Clarke, barrister at Three Stone Chambers.
GLOSSARY
A solicitor general is a senior government law officer who supports and deputises for the attorney general in advising the state and conducting major litigation. In England and Wales and in Northern Ireland, the Solicitor General (or Advocate General/Solicitor for Northern Ireland in some contexts) is a government minister and Law Officer of the Crown, primarily responsible for advising on complex public, constitutional and EU/retained EU law issues, overseeing the Government Legal Department, and representing the state in appellate courts, including the UK Supreme Court. In Scotland, the equivalent role is the Solicitor General for Scotland, the deputy to the Lord Advocate within the Scottish Government and head of the systems of criminal prosecution and investigation of deaths. In Ireland, the Solicitor General was historically a law officer but the office has been abolished; its functions are effectively subsumed within the Office of the Attorney General and the Chief State Solicitor’s Office. The role is grounded in statute and constitutional practice in each jurisdiction and is central to government litigation strategy, references to appellate courts, and the supervision of Crown or State legal services.
NEWS
Law360, London: A lawyer advised someone he believed to be a client to provide a fake story to support a British asylum claim, the Solicitors Regulation Authority (SRA) alleged at a disciplinary tribunal in London on 7 January 2025.
GLOSSARY
A solicitor undertaking is a personal promise given by a solicitor, usually in writing, to do (or not do) something in the course of legal practice, which the courts and professional regulators treat as strictly binding. Common examples include undertakings to discharge a mortgage from completion monies, to hold funds to order, or to lodge documents at court or with the Land Registry.In England & Wales, Scotland, Northern Ireland and Ireland, an undertaking is enforceable against the individual solicitor (and, in some cases, their firm) as a professional obligation, distinct from a contractual promise. Breach may result in court enforcement (for example, in England & Wales via the court’s inherent jurisdiction over officers of the court) and disciplinary action by the relevant Law Society or regulatory body.“Solicitor undertaking” is a practice term rather than a statutory definition, but its effect has been explained and reinforced in case law and professional conduct rules across all four jurisdictions. Its practical significance lies in enabling transactions-especially conveyancing, litigation settlements and banking work-to proceed on the strength of solicitors’ assurances, reducing the need for simultaneous performance and extensive security.