header-logo header-logo

04 July 2025 / Kris Kilsby
Issue: 8123 / Categories: Features , Profession , Costs
printer mail-detail

Costs control

224725
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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Boodle Hatfield—Tom McLaughlin

Boodle Hatfield—Tom McLaughlin

Boodle Hatfield welcomes new employment partner, Tom McLaughlin

Arc Pensions Law—Victoria Thompson-Hill, Jonathan Mason & Georgi Ivanov

Arc Pensions Law—Victoria Thompson-Hill, Jonathan Mason & Georgi Ivanov

National specialist pensions law firm strengthens team with three new appointments

Jurit—Christian Abletshauser

Jurit—Christian Abletshauser

Jurit appoints Christian Abletshauser to lead family law practice

NEWS
Burges Salmon appoints Benn Richards to strengthen Contentious Insolvency offering
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
back-to-top-scroll