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31 October 2025 / Sophie Houghton
Issue: 8137 / Categories: Features , Legal services , Dispute resolution , Costs , Fees
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Justification is everything

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If you’re exceeding guideline hourly rates, vague assertions won’t cut it, writes Sophie Houghton
  • Courts use guideline hourly rates (GHR) as a starting point; exceeding them requires strong justification.
  • Vague claims of complexity or scale aren’t enough—clear evidence is needed to support higher rates.
  • Case law shows that without compelling reasons, courts won’t allow rates that are significantly above GHR.

When it comes to the question of costs, a longstanding bone of contention between the parties is the hourly rate which is being claimed by the receiving party for the work they have carried out.

Solicitors can technically charge their clients any hourly rate they choose for their services, as long as this is provided for in the retainer with their client. However, if the client seeks to recover those costs from another party, through a costs assessment, such costs will not be recoverable unless they are reasonable and proportionate.

From a practical perspective, when considering what hourly rates will be recoverable, you should be aware

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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
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’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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