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27 February 2026
Issue: 8151 / Categories: Legal News , Costs , Disclosure , Legal services , Profession
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NLJ this week: WhatsApp messages are part of ‘the file’

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Digital informality meets hard-edged costs law. In this week's NLJ, David Bailey-Vella, chair of the Association of Costs Lawyers and legal director at Pogust Goodhead, examines MacInnes v DWF Law LLP, in which the Senior Courts Costs Office held that if a firm bills for WhatsApp work, those messages form part of the ‘file’—even if stored on personal devices

In this case, a mismatch between billed communications and disclosure led to debarment.

The test is functional: does the material ‘connect to work for which the client was charged?’ Firms must capture and retain chargeable messaging or risk exclusion from the very assessment where costs are defended.

Issue: 8151 / Categories: Legal News , Costs , Disclosure , Legal services , Profession
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