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.
