header-logo header-logo

07 February 2014 / Murray Heining
Issue: 7593 / Categories: Opinion
printer mail-detail

Out of date?

web_heining_0

Is the Solicitors Act 1974 still relevant, asks Murray Heining

Since the introduction of the Legal Services Act 2007 (LSA 2007) and the extension to persons authorised to provide legal services, I have mulled over the continued relevance of the Solicitors Act 1974 (SA 1974).

Bentine

The recent ruling in Bentine v Bentine [2013] EWHC 3098 (Ch), [2013] All ER (D) 02 (Nov) brought it to mind again. Proudman J had to determine whether costs disallowed for want of retainer should be excluded from the total of invoiced costs for the purposes of the “one-fifth rule” contained in s 70(9) of SA 1974.

This provides that if a solicitor’s bill is reduced by one fifth or more, then the solicitor will bear the costs of the assessment. If the bill is reduced by less than one-fifth or is not reduced, then they are paid by the paying party, unless there are good reasons found to depart from this rule. She ruled that costs disallowed for want of retainer should be excluded for the “one-fifth”

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Sharpe Pritchard—Victoria Heald-Barraclough

Sharpe Pritchard—Victoria Heald-Barraclough

Magic Circle hire strengthens Sharpe Pritchard’s infrastructure finance capability

Lewis Silkin—Iskander Fernandez

Lewis Silkin—Iskander Fernandez

Lewis Silkin adds corporate crime specialist to growing dispute resolution team

Morr & Co—Michael Charalambous

Morr & Co—Michael Charalambous

Morr Co strengthens private client team with partner appointment

NEWS
Should every solicitor found to have acted dishonestly face automatic striking off? The answer, argues John Gould, chair of Russell-Cooke LLP in NLJ this week, is no 
Winning an arbitral award against a state is one thing; enforcing it is another
Can government success in court tell us whether the rule of law is healthy? 
Poorly drafted dispute resolution clauses can trigger litigation before the real dispute is even addressed
As cryptocurrency becomes mainstream, family lawyers are increasingly confronting the challenges it creates on divorce
back-to-top-scroll