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31 October 2025
Issue: 8137 / Categories: Legal News , Legal services , Dispute resolution , Costs , Fees
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NLJ this week: When high rates fall flat

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In this week's NLJ, Sophie Houghton of LexisPSL distils the key lesson from recent costs cases: if you want to exceed guideline hourly rates (GHR), you must prove why

The Court of Appeal in Samsung Electronics v LG Display and Saipem SPA v Petrofac reaffirmed that vague claims of complexity or scale are inadequate. Judges expect 'clear and compelling justification'—specific evidence of novelty, urgency or extraordinary difficulty. Without it, the GHR remain the benchmark.

Houghton emphasises that even in high-value commercial work, mere references to large bundles or importance won’t suffice. Courts demand transparency on why rates are proportionate and reasonable, not inflated.

Her message to practitioners is sharp: exceptional fees require exceptional evidence—or risk judicial pruning at assessment. Simply saying 'big case, big fee' no longer cuts it.

MOVERS & SHAKERS

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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