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16 September 2022 / William Gibson
Issue: 7994 / Categories: Features , Profession , Criminal
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Lawyers' fees: an ungodly jumble?

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William Gibson discusses how the current barristers’ strike is attracting attention to legal fees—again

Payne J in 1976, dealing with a costs appeal, said: ‘Paying low fees could work against the public good’. He added: ‘It was important to reach a proper balance between preventing litigation becoming so expensive as to make justice unattainable by many members of the public and the factor of providing that solicitors and counsel should be adequately remunerated’. That paragraph could almost have been a quote from the Woolf or Jackson proposals. A few years later Lord Denning famously called the whole subject of legal costs ‘an ungodly jumble’ and trying to make sense of that jumble has occupied costs professionals for decades. One basic factor since 1976 remains unchanged: solicitors just want a fair and reasonable return for the time and effort put into keeping in place a system of civil litigation of which practitioners are rightly proud. Achieving that aim will require the services of costs professionals for years to come. Although

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NEWS
A mood of cautious optimism has enveloped the criminal law sector following indications the Prime Minister may abandon planned jury reforms
Helping to source the services and providers you need
The Senior Courts Costs Office has clarified that judges conducting detailed assessment proceedings cannot order security for costs—a ruling that may leave successful parties exposed to further litigation expense
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
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