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23 March 2012 / William Gibson
Issue: 7506 / Categories: Features , Procedure & practice , Costs
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The costs conundrum

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In the first article in a special NLJ costs series, William Gibson reports on “safe” retainers & firefighting

Solicitors providing services under a retainer are subject to the provisions of the Supply of Goods and Services Act 1982 and, pursuant to s 15, are entitled to reasonable remuneration for their services. What is reasonable, however, can depend on viewpoint. He who pays the piper can always object to the tune being played. An inaccurate or incomplete retainer arrangement can seriously damage your wealth.

In Minkin v Cawdery Kaye Fireman & Taylor [2011] EWHC 177 QB, [2011] All ER (D) 82 (Feb) solicitors had persistently exceeded costs estimates, given originally with the retainer, without prior warning and were held to have breached the contract of retainer, rendering it unenforceable. When challenged by the clients their costs were disallowed in their entirety. Cranston J said that the firm: “Should have been clearer in its retainer letter as to the nature of the engagement…It should also

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MOVERS & SHAKERS

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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