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27 February 2026 / David Bailey-Vella
Issue: 8151 / Categories: Features , Profession , Costs , Technology , Legal services , Disclosure
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Medium doesn’t matter

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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

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

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Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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