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02 October 2026
Issue: 8179 / Categories: Legal News , Costs , Profession , Fees
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NLJ this week: The cost of uncertainty

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When does a solicitor’s retainer become a contentious business agreement? The Court of Appeal’s decision in Broadfield Law UK LLP v Barnes shows that listing hourly rates alone will not do, leaving firms and clients uncertain about their rights over bills

Writing in NLJ this week, Victoria Morrison-Hughes of Integral Legal Costs says the agreement lacked sufficient detail about who would perform the work, at what rate and when charges might change. Classification matters: a contentious business agreement limits ordinary assessment rights but requires court scrutiny before enforcement; an ordinary retainer leaves fees open to wider assessment.

The Civil Justice Council proposes replacing rigid statutory distinctions with a test of whether charges and terms are ‘fair and reasonable’. Morrison-Hughes welcomes reform but warns that it must protect informed consent. Clients need clear explanations, realistic estimates and updates, she argues: a price can look reasonable while leaving its eventual application opaque.

MOVERS & SHAKERS

Haynes Boone—Chris Acton

Haynes Boone—Chris Acton

Chris Acton joins Haynes Boone as chair of UK derivatives platform

Clarke Willmott—Alexia Haines & Kelsey Wells

Clarke Willmott—Alexia Haines & Kelsey Wells

Clarke Willmott strengthens Birmingham private client team with double appointment

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

From global fraud cases to fishing off-grid, Mishcon de Reya’s chair of dispute resolution Hugo Plowman discusses mentors, management switching off

NEWS
Law firm Hugh James has successfully batted away Ministry of Defence (MoD) accusations of ‘systematic overcharging’ while pursuing military deafness claims
The Financial Conduct Authority (FCA) has published good and poor practice for financial services firms on the use of artificial intelligence (AI)
International arbitration agreements will become more difficult to enforce due to increased use of artificial intelligence (AI), the Master of the Rolls Sir Geoffrey Vos has warned
Corporate counsel in Europe are leading their global counterparts in pushing junior lawyers into higher-value, strategic roles while artificial intelligence (AI) deals with the humdrum, research shows
The sub judice resolution that prevents MPs from referring to active legal proceedings in the House of Commons is fit for purpose, the Procedure Committee has concluded
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