header-logo header-logo

23 March 2012 / William Gibson
Issue: 7506 / Categories: Features , Procedure & practice , Costs
printer mail-detail

The costs conundrum

istock_000018849510medium_4

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

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

Weightmans—Jason Slatcher

Weightmans—Jason Slatcher

Weightmans appoint new Chief Technology Officer

Mishcon de Reya—trainees

Mishcon de Reya—trainees

Mishcon de Reya announces trainee retention rate of 86%

Sackers—Charlotte Adams & Fraser Sutton

Sackers—Charlotte Adams & Fraser Sutton

Sackers welcomes two new Graduate Solicitor Apprentices

NEWS
LexisNexis is delighted to announce the launch of the LexisNexis Legal Awards 2027, celebrating outstanding achievement, innovation and impact across the legal profession
The Legal Services Board (LSB) is to take further enforcement action against the Solicitors Regulation Authority (SRA), setting additional performance targets and ‘intensifying’ its oversight, it has said
Regulators missed several opportunities to intervene in PM Law Group before it collapsed, an independent review by City firm Jenner & Block has found
An employer’s vicarious liability for the alleged torts of an employee cannot be transferred by TUPE, the Court of Appeal has confirmed
Tiered fees of up to £1,500 for Legal Ombudsman (LeO) cases could leave firms with little option but to pay out, lawyers have warned
back-to-top-scroll