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04 July 2025 / Kris Kilsby
Issue: 8123 / Categories: Features , Profession , Costs
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Costs control

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Kris Kilsby explains how to avoid third-party challenges under the Solicitors Act
  • The Court of Appeal’s decision in Kenig v Thomson Snell & Passmore LLP paved the way for third parties to challenge solicitors’ bills of costs.
  • The challenge for executors and probate solicitors will be how to protect the costs in those bills, or avoid beneficiaries making such applications in the first place.
  • Solicitors need to produce clear and accurate estimates, erring on the side of caution.

The decision in Kenig v Thomson Snell & Passmore LLP [2024] EWCA Civ 15, [2024] All ER (D) 72 (Jan) opened the door for third parties to have solicitors’ bills of costs assessed, and that such an assessment would have some teeth beyond what had been assumed before.

With the door firmly opened, it appears that many beneficiaries, particularly residuary beneficiaries, are now aware that their right to an assessment under the Solicitors Act 1974 is more likely to result in the bill being reduced upon assessment. For the beneficiaries, it

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MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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