header-logo header-logo

27 February 2026 / David Bailey-Vella
Issue: 8151 / Categories: Features , Profession , Costs , Technology , Legal services , Disclosure
printer mail-detail

Medium doesn’t matter

243386

David Bailey-Vella weighs up WhatsApp, ‘the file’, & the modern realities of costs disclosure

  • The Senior Courts Costs Office’s decision in MacInnes v DWF Law LLP underlines that a solicitor’s ‘file’ is defined by what the client has been billed for, not where or how the communication was stored.

Digital communications are inseparable from modern practice. Yet many firms still treat WhatsApp and similar channels as peripheral to the ‘real’ file. The decision of the Senior Courts Costs Office (SCCO) in MacInnes v DWF Law LLP [2025] EWHC 3252 (SCCO) brings that disconnect into sharp relief.

The claimants applied for a declaration that DWF had breached an unless order requiring a ‘complete digital copy’ of its files relating to billed instructions. Costs Judge Nagalingam agreed: WhatsApp messages that related to charged-for work should have been disclosed, and they were not. The sanction was decisive: DWF was debarred from participating in the substantive detailed assessment (save for limited preliminary issues).

The core issue: what is the ‘file’?

The question

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

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley strengthens family law team

Ward Hadaway—Barnaby Rosenthall

Ward Hadaway—Barnaby Rosenthall

Construction lawyer returns to Ward Hadaway in Teesside role

Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

NEWS
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
back-to-top-scroll