Solicitor's Costs & Detailed Assessment

The retainer agreement with your solicitors should make it clear how you can challenge your legal fees and the timescales to do so. However, in our experience, we often find that retainer agreements do not make clear the clients’ rights to challenging a bill and the strict timescales within which they must do so.

If you wish to challenge your legal fees, you must commence a procedure called ‘detailed assessment’ under the Solicitors Act 1974.

If the retainer documents do not make clear the status of the bills and your rights to challenge the bills then please get in touch with us. There are strict timescales for challenging solicitors’ fees under the Solicitors Act 1974.

Please get in touch with us. We provide a Free Consultation with our expert cost lawyers to assess whether you can challenge your legal costs, please call us on 0207 459 4037 or complete our booking form to schedule a Free Consultation today.

A Solicitor/Client Assessment of Costs is a process that allows you to challenge and scrutinise the legal fees charged by your solicitor or lawyer for their services.

It is a mechanism to ensure fairness and transparency in the solicitor’s billing process. This is known as a detailed assessment and it becomes necessary when there are concerns or disagreements regarding the billed fees, and you believe they might be excessive, unreasonable, or not in line with the services provided.

It might be necessary to challenge the costs your lawyer has charged for one or more of the following reasons:

1. Fee Disagreements: If you receive a final bill or invoice from your solicitor that you believe is higher than expected or unjustified, a detailed assessment can help resolve the dispute.
2. Lack of Clarity: If the billing breakdown is unclear or lacks detailed explanations of the charges, challenging the invoices can bring transparency to the fees.
3. Unforeseen Costs: If you were surprised by unexpected charges that were not explained or agreed upon initially, a detailed assessment of the fees can address these concerns.
4. Incomplete Work: If you believe that some tasks outlined in the bill were not performed to your satisfaction by the lawyer, an assessment can help rectify the charges.
5. Failed Negotiations: If attempts to resolve the cost dispute through negotiation have been unsuccessful, an assessment offers a formal resolution process.
6. Conditional Fee Arrangements: In cases where you have a “no win, no fee” or similar arrangement and are unclear about how the fees in particular the success fees were calculated or decided upon, an assessment can provide clarity.
7. Doubts about Reasonableness: If you question the reasonableness of the charges considering the complexity and nature of the legal work, an assessment can determine the fairness and reasonableness of what you should pay.

In these situations, seeking a Solicitor/Client Assessment of Costs is a proactive step to ensure that you are being billed appropriately for the legal services you have received. It is about upholding fairness and accountability and maintaining a positive solicitor-client relationship.

Our cost lawyers have extensive experience in successfully challenging solicitor’s costs and not only receiving a significant reduction in the bill but also a large contribution towards the legal costs of that process which is covered by the lawyer who has overcharged you.

Please call us today on 0207 459 4037 or complete our booking form for a Free Consultation with one of our expert cost lawyers today.

If you believe that you have been overcharged by your solicitor, then you can commence detailed assessment proceedings in the Senior Courts Costs Office (SCCO) for a cost judge to carry out a detailed assessment of the bill. Your solicitor will be required to prepare a detailed line-by-line breakdown of the work carried out on your matter and must file the supporting documents in Court. The cost judge will then apply reductions on the solicitor charges.

To succeed in a costs claim, you must reduce the solicitor’s bill by 20% or more; this is known as the 1/5th rule.

There are strict timescales for challenging solicitors’ fees under the Solicitors Act 1974. Please get in touch with us for a Free Consultation on 0207 459 4037.

There are certain time limits within which you must challenge your solicitors’ costs. These time limits run from the date upon which an invoice is delivered to you by a solicitor.

These time limits can affect your entitlement to an assessment and will depend on whether you have paid your fees in full or not, as set out in the table below:

To commence the assessment process, a Part 8 Claim Form (N208) will need to be completed and filed with the court, together with the appropriate fee (being £55 at the time of writing). The Claim Form should then be issued by the court and a copy served on your former solicitor.

Unless your solicitor consents to a detailed assessment, the court is likely to list a hearing at which a judge will listen to your reasons for requesting, and consider your entitlement to, a detailed assessment.

There are strict timescales for challenging solicitors’ fees under the Solicitors Act 1974; the rules on timescales are complicated. Even if you may be outside of the time limits please get in touch with us as there may be legal arguments which we can make on your behalf to persuade the Court to permit an assessment of the costs.

Please contact us for a Free Consultation with one of our specialist cost lawyers to establish whether or not you can challenge your legal costs, please call us on 0207 459 4037.

The court’s assessment of legal costs covers a range of expenses that can arise during a legal case. When there are concerns about the fairness or reasonableness of these costs, the court can step in to evaluate and determine the appropriate amount.

The costs judge has absolute discretion as to what it can reduce in a solicitors’ bill and the amount of the reduction but typically it will be:

1. Solicitor’s Fees: The fees charged by your solicitor for their services can be assessed if you believe they are unreasonable for the work done or not in accordance with the agreement.
2. Barrister’s Fees: If you engaged a barrister or counsel in your legal case, their fees can also be assessed if there are doubts about their reasonableness and authorisation.
3. Court Fees: The fees paid to the court for filing documents and other proceedings can be assessed if there are discrepancies or doubts about their necessity, and in particular their authorisation.
4. Experts’ Fees: If you enlisted the expertise of professionals such as medical experts or financial analysts, their fees can be assessed if they seem excessive or unnecessary, or in particular if they have not been authorised.
5. Interim Applications: Costs related to interim applications, such as hearings for specific legal issues during a case, can be assessed if there are concerns about the expenses and the reasonableness of those charges.
6. Witness Statements: The costs associated with obtaining witness statements and preparing witnesses for trial can be assessed if they are considered unreasonable.
7. Travel and Accommodation: If travel and accommodation expenses for legal professionals are disputed, the court can assess their reasonableness and this is particularly important if the fees have not been authorised. Typically these costs form part of the firm’s overheads and should not be recoverable.
8. Document Preparation: Costs related to drafting legal documents, correspondence, and research can be subject to assessment if they appear excessive.
9. Copying and Printing: Charges for copying, printing, and document production can be assessed if they raise questions about their reasonableness.
10. Administration Fees: Any administrative charges included in the billing can be assessed to ensure they are reasonable and justified, and whether the correct hourly rate for the fee earner has been charged.
11. Disbursements: These are costs your solicitor may have paid on your behalf, like court fees, expert fees, or travel expenses. Disbursements can be assessed if there are concerns about their validity or amounts, or if they were not authorised.

When any of these costs become a point of contention or doubt, seeking a court assessment can bring clarity and ensure fairness. It is important to remember that the assessment process is aimed at achieving an equitable outcome for all parties involved.

By seeking assessment, you are taking a proactive step towards maintaining transparency, accountability, and a positive solicitor-client relationship. It’s a process designed to ensure that the costs associated with your legal case are reasonable, justified, and aligned with the services provided.

Please call us on 0207 459 4037 or complete our booking form for a Free Consultation with one of our expert cost lawyers today.

To commence the assessment process, a Part 8 Claim Form (N208) will need to be completed and filed with the court, together with the appropriate fee (£59 from April 2022).

The Claim Form should then be issued at the Senior Court Costs Office or local District Registry and a copy served on your former solicitor.

It is advisable that alongside the Claim Form, a set of directions are also filed with the Court (and served on the opponent solicitor to speed up the assessment process). This approach may avoid a costly directions hearing where the parties argue about the directions for the costs claim if they can be agreed amicably.

If you have a costs claim, please do not hesitate to call us on 0207 459 4037 or book a Free Consultation using our booking form.

The Senior Courts Costs Office (SCCO) plays a pivotal role in ensuring that legal costs are fair, reasonable, and in line with the services provided during a legal case. When there are concerns about the costs charged by solicitors, the SCCO steps in to review and assess these costs.

The SCCO serves as an independent body within the court system and is responsible for overseeing the assessment of costs in various types of legal proceedings. Its primary role is to carefully examine the breakdown of costs presented by both the solicitor and the client. The SCCO operates within the detailed assessment process as follows:

1. Costs Assessment: When there is a disagreement over the amount of costs charged, either the solicitor or the client can apply to the SCCO for a detailed assessment. This involves submitting a comprehensive breakdown of the costs incurred during the legal case. The Court fee to request an assessment is £59 and it must be done by way of a Claim Form (Part 8).
2. Review and Examination: The SCCO reviews the detailed breakdown of costs and the detailed submissions (Points of Dispute and Replies) provided by both parties. This includes scrutinising individual items, such as legal fees, disbursements, and other expenses, to ensure they are reasonable and justified.
3. Fairness and Reasonableness: The SCCO considers whether the costs charged by the solicitor are proportionate to the work done, the complexity of the case, and the outcome achieved. This evaluation ensures that clients are not burdened with excessive or unnecessary expenses. The Court may require the full case files to be disclosed to evidence the work that has been claimed.
4. Expertise: The SCCO consists of experienced Costs Officers and Judges who are well-versed in legal costs and have a deep understanding of the prevailing guidelines and regulations. Their expertise helps maintain consistency and fairness in the assessment process.
5. Guidelines and Precedents: The SCCO follows established guidelines and legal precedents when assessing costs. This ensures that the assessment process is objective and unbiased.
6. Negotiation and Resolution: In some cases, the SCCO’s involvement prompts negotiation between the solicitor and the client to reach an agreement on the costs. This can lead to a faster and more amicable resolution. Typically most cases will be solved outside of court by way of a negotiation, Part 36 offer or mediation.
7. Formal Detailed Assessment Hearing: If an agreement is not reached through negotiation, the SCCO can conduct a formal assessment hearing. During the hearing, both parties present their arguments, and the Costs Officer decides based on the evidence provided.
8. Binding Decision: The SCCO’s assessment decision is binding unless appealed. This provides a final resolution to the cost dispute and ensures compliance with the determined amount.

Engaging with the SCCO in the detailed assessment process ensures transparency, accountability, and fairness in the solicitor’s cost claims. It underscores the commitment to maintaining a positive solicitor-client relationship and upholding the principles of justice.

By having an independent body like the SCCO overseeing the cost assessment, clients can trust that their concerns are addressed and that they are only paying for services that are reasonable, justified, and aligned with the work performed. This process not only safeguards the client’s interests but also upholds the integrity of the legal profession.

Please call us on 0207 459 4037 or complete our booking form for a Free Consultation with one of our expert cost lawyers today.

Your solicitor will have sent you an invoice which you may wish to challenge because it is too high or you did not receive adequate value for the work charged.

If you apply to the Court for a detailed assessment, your former solicitors will have to prepare a detailed line by line breakdown and will have to explain each and every chargeable work done to allow the Court to assess whether that work was reasonably charged. This line by line breakdown is known as a ‘bill of costs’. The bill of costs will be certified as being accurate by a lawyer.

You can find an example of a standard bill of costs here. The template will be the same whether you are dealing with a solicitor/client assessment or a between the parties assessment. It must set out a chronology and narrative of the case or legal issue and set out a detailed breakdown of the time charged or claimed.

If you wish to challenge a solicitor’s bill or if you have received a bill of costs, please do not hesitate to contact our expert lawyers for a Free Consultation on 0207 459 4037.

Once your solicitors or opponent solicitors have served a detailed bill costs, you will typically have 21 days to serve a document called ‘Points of Dispute’ which makes legal arguments and submissions to assist the Court in assessing the solicitors’ bill.

If you fail to serve Points of Dispute, the Court may make a ‘Default Costs Certificate’.

CPR 47.9 provides that Points of Dispute must:

“identify any general points or matters of principle which require decision before the individual items in the bill are addressed” and “identify specific points, stating concisely the nature and grounds of dispute.”

For example, issues with the retainer documents, hourly rates, examining excessive time, disproportionate number of communications, unreasonable disbursements and unnecessary counsel meetings claimed, to formulate a claim that a competent solicitor acting with all due skill and care should have been able to complete the same without the need to charge a disproportionate fee. These arguments contesting the costs claimed should be set out in the Points of Dispute.

If your solicitor has not provided a clear breakdown of costs, you can take the following steps:

1. Communicate: Politely ask your solicitor for a detailed breakdown of costs.
2. Write a Request: Put your request in writing to have a documented record.
3. Express Concerns: Explain your concerns about transparency and understanding.
4. Set a Deadline: Request a reasonable deadline for receiving the breakdown.
5. Refer to Agreement: Check your engagement agreement for provisions about cost breakdowns.
6. Consider Mediation: Mediation or seeking advice from a legal ombudsman can help.
7. Seek Independent Advice: Consult Go Legal for advice. Our lawyers have extensive experience in successfully resolving cost disputes for clients.

Remember, open communication is key to resolving the issue and maintaining a positive solicitor-client relationship.

Please call us on 0207 459 4037 or complete our booking form below for a Free Consultation with one of our expert cost lawyers today.

At a detailed assessment hearing, a Costs Judge will determine what was a reasonable amount for the solicitor to have charged on their bill based on the challenges raised in the Points of Dispute and the Reply.

The Costs Judge examines the bill in detail and in particular, examines how reasonable the costs are to the case’s issues judged on an indemnity basis. The parties’ advocates will be able to make oral submissions to further assist the Court in assessing the reasonableness of the charges.

Once the SCCO has decided the amount of the bill payable, usually payment must be made within 14 days or the solicitor will be required to return funds to the client together with any accrued interest.

Our lawyers regularly represent clients at detailed assessment hearings, and given our unique approach to litigation have a high success rate in successful costs claims. If you think you have a cost dispute, please call us on 0207 459 4037 for a Free Consultation today. 

If you have received a bill or invoice from your solicitor that you consider to be excessive or more than any estimate provided to you, our specialist costs dispute lawyers will assess the bill and the work done by the solicitors. We will advise you on whether the bill or any success fee can be challenged and whether you are due a refund or reduction on the fees charged.

There are strict timescales for challenging solicitors’ fees under the Solicitors Act 1974. It is important that any claim for assessment of the costs is started before your solicitor starts a debt recovery claim for costs as you will be on the back foot in those circumstances, and the court may just apply a rough and ready assessment (not a detailed assessment). This rough and ready assessment is disadvantageous for clients who wish to challenge a solicitor’s bill.

Please get in touch with us before paying any bill that you don’t feel is reasonable. We provide a Free Consultation with an expert lawyer to establish whether you can challenge your legal costs, please therefore get in touch with us on 0207 459 4037 or complete our booking form to schedule a consultation with our expert lawyers.

Your former solicitor may have served legal proceedings (CPR Part 7) against you for unpaid legal fees which you dispute. If so, please get in touch with us quickly. You may be entitled to stay those legal proceedings and challenge your solicitors’ legal fees by way of a procedure known as ‘detailed assessment’ under the Solicitors Act 1974.

Alternatively, you could file a Defence to the solicitors’ claim with the court in which all or part of the fees are denied as being properly due. However, the solicitors’ claim differs significantly from the detailed assessment under the Solicitors Act 1974 notably even if you succeed in achieving a reduction of 20% or more of the amount of the original fees claimed you may be liable to pay your former solicitors’ costs of pursuing the claim against you. This would be to your detriment.

You may also have a counterclaim against your former solicitors for professional negligence which may set-off or exceed any of the charges claimed from you. This may pause or stay the debt proceedings until the court has considered your professional negligence claim.

You should therefore seek legal advice quickly from our expert lawyers. We offer a Free Consultation with our expert lawyers to establish whether or not you can challenge your legal costs and whether you should defend and/or counterclaim any claim brought by your former solicitors.in 

Please call us on 0207 459 4037 or complete our booking form below for a Free Consultation with one of our expert cost lawyers.

If you are unhappy with the work carried out by your solicitor, we will make submissions as part of your costs claim on your behalf which may reduce the amount of the charges payable.

You may also have a professional negligence claim against your solicitor. A claim for professional negligence occurs when a professional fails to perform their responsibilities and duties to a required standard. This error, mistake or bad service from the professional subsequently results in financial loss, physical damage or injury to you.

For example, professional negligence can occur when a solicitor misses a deadline to serve a Claim Form within 4 months of issuance and your claim subsequently becomes time-barred or an accountant fails to properly advise you on your tax affairs.

If you think you have suffered a loss as a result of an error, mistake or bad service by a professional, it is important to act quickly and seek independent legal advice on the merits of your potential claims. Please give us a call on 0207 459 4037 for a Free Consultation.

Solicitors are required under Rule 8.7 of the Code of Conduct to:

“ensure that clients receive the best possible information about how their matter will be priced and, both at the time of engagement and when appropriate as their matter progresses, about the likely overall cost of the matter and any costs incurred.”

Your solicitors should have therefore given you an estimate as to the likely costs of your matter. If your solicitors failed to give you an estimate of your legal costs or alternatively, the costs charged to you were significantly higher than any estimate provided to you then you may have a good costs claim against your solicitors and you may be due a refund of your legal costs.

There are strict timescales for challenging solicitors’ fees under the Solicitors Act 1974. Please get in touch with us. We provide a free initial case review to establish whether or not you can challenge your legal costs.

Solicitors are heavily regulated by the Solicitors Regulation Authority (SRA) and the Solicitor’s Code of Conduct. If you use a solicitor, you should have, in writing:

• received all the information you need to make a well-informed choice about the service you need, and who should provide it to you
• been provided with clear information to know how much it will cost or how the cost will be calculated, and be given a clear explanation at the end of the transaction, and at any time on request, of the charges
• received a good level of service from appropriately trained and qualified people who comply with the law and our requirements
• been provided with clear estimates about the costs of your matter
• been given information about who will be working on your matter and their respective hourly rates.

If you have not received clear and adequate information about the likely costs of your matter and/or how the charges on your matter will be calculated you may have a cost claim against your former solicitors. You may be due a refund.

There are strict timescales for challenging solicitors’ fees under the Solicitors Act 1974. Please get in touch with us for a Free Consultation on 0207 459 4037 to establish whether or not you can challenge your legal costs.

A success fee is an additional fee that lawyers sometimes charge clients when acting on no win no fee arrangement. It can sometimes be up to 100% of the base fees charged for the time spent (i.e. the solicitor will charge their fees twice).

A large number of personal injury solicitors routinely charge clients a 100% success fee with this money being deducted from the damages that a client recovers. However, these success fees have been ruled to be unlawful.

Solicitors are only permitted to charge their clients a success fee that reflects the actual risks of the case.  For straightforward personal injury claims, such as simple road traffic accidents, an appropriate success fee may be no more than 15%.

If you have been charged a 100% success fee which has been deducted from your damages, you may well have been overcharged and be entitled to seek a refund.

There are strict timescales for challenging solicitors’ fees under the Solicitors Act 1974. Please get in touch with us for a Free Consultation on 0207 459 4037. We provide a free initial case review to establish whether or not you can challenge your legal costs.

There are two types of “no win no fee” agreements:

1. Conditional fee agreements (CFAs)
2. Damages-based agreements (DBAs)

General points to remember:

• in both cases, your lawyer will only get paid if the case is successful. If you lose your claim, your lawyer does not get paid,
• your lawyer should properly explain all funding options available to you before you decide whether or not to instruct them,
• your lawyer should also set out all the agreed terms in writing and provide you with a copy,
• your lawyer should have advised you to obtain independent legal advice about the agreements proposed.

Conditional fee agreements (CFAs)

If your claim is successful:

• you receive 100% of any compensation awarded,
• your lawyer can claim his or her costs plus a “success fee”,
• the “success fee” can be up to 100% of your lawyer’s costs, however in personal injury cases, this is limited to 25% of the damages awarded (excluding any damages for future care and loss),
• the losing side will have to pay your lawyer’s costs and any expenses that you may be liable to pay as part of your legal costs,
• you will however have to pay the success fee to your lawyer. It is therefore very important that your lawyer properly explains to you at the very beginning of the success fee that will be payable by you if you win your case (and it is not recoverable from the losing party).

If you lose your claim:

• you do not receive any award as your claim has not succeeded,
• you do not pay your lawyer’s fee,
• you may be liable to pay your opponent’s costs. Your lawyer should advise you of the likelihood of this happening at the start of your case and as your case progresses. If you are unsure of your position about these potential costs, you should ask for an update from your lawyer.

Damages-based agreements (DBAs)

This agreement differs from CFAs in that if your case wins, your lawyer will be paid by taking a percentage of the compensation you are awarded. If your claim is successful:

• your lawyer gets paid by taking a percentage of the amount of compensation you are awarded. Legally, your lawyer can only take a maximum of 25% if your case is a personal injury case. If you are pursuing an employment claim, the maximum is 35%;
• you will be able to claim from your opponent your lawyer’s costs that have been incurred, but only up to the maximum amount that you have had to pay to your lawyer out of your compensation award.

If you lose your claim:

• you do not receive any award as your claim has not succeeded,
• you do not pay your own lawyer’s costs,
• you may be liable to pay your opponent’s costs. Your lawyer should advise you of the likelihood of this happening at the start of your case and as your case progresses. If you are unsure of your position about these potential costs, you should ask for an update from your lawyer.

Remember:

• your lawyer must inform you at the outset of the percentage that will be deducted from a compensation award if your claim wins,
• the percentage charges vary between different lawyers so you should shop around to find the best one for you.

There are strict timescales for challenging solicitors’ fees under the Solicitors Act 1974. If your solicitors never explained the basis of the retainer to you please get in touch with us.

If you consider the fees charged by your lawyer to be unreasonable, please do not hesitate to call us for a Free Consultation on 0207 459 4037 or complete our booking form to arrange a consultation.

It depends. Your solicitor should have provided you with a retainer letter which sets out an estimate of the likely costs and how their charges will be calculated. If the solicitor fails to provide you with a retainer agreement or you never signed the agreement, specific terms may be implied. However, it will be the solicitors’ case to prove that such terms and charges relied upon were agreed.

There are strict timescales for challenging solicitors’ fees under the Solicitors Act 1974. Please call us for a Free Consultation on 0207 459 4037 so you don’t lose your right to challenge the fees charged by your solicitor.

If there are errors and mistakes on the bill raised by your solicitor you will need to consider the financial impact of such mistakes. Solicitors often make mistakes on bills rendered to clients; cost law is a very specialist area of law. Under the Solicitors Act 1974, your solicitor is not entitled to remedy any error or mistake on a statute bill without your permission.

There are strict timescales for challenging solicitors’ fees under the Solicitors Act 1974. If you have received a bill from your solicitor which has several errors and unexplained items which you consider to be excessive, you may have a cost claim to challenge those fees. Please do not hesitate to give us a call today on 0207 459 4037 for a Free Consultation to assess your cost claim.

The retainer agreement with your solicitors should make it clear the status of the bills sent to you i.e. whether it is a bill that you can challenge under the Solicitors Act 1974. It should also set out in clear terms the timescales within which you are entitled to challenge your solicitors’ costs; typically, you have 30 days within which the start an assessment.

In our experience, we often find that retainer agreements do not make clear the clients’ rights of challenging a bill and the strict timescales within which they must do so.

If the retainer documents do not make clear the status of the bills and your rights to challenge the bills then please get in touch with us. Please call us on 0207 459 4037 for a Free Consultation with our expert cost lawyers to establish whether or not you can challenge your legal costs.

Your solicitor is required to account for any monies paid by you and must raise an invoice within a reasonable time. This will often assist businesses if they wish to reclaim VAT or to challenge the bills at Court. If you have made payments to your solicitor but they have failed to provide you with an invoice, we may be able to apply to the Court for delivery-up of a bill and see an assessment.

There are strict timescales for challenging solicitors’ fees under the Solicitors Act 1974. Please get in touch with us. We provide a free initial case review to establish whether or not you can challenge your legal costs. Call us on 0207 459 4037.

Your solicitor is not permitted to take monies from your damages towards your legal costs without your permission or express consent. Our lawyers have successfully argued at Court that payment by way of deduction from damages is not payment as required under the Solicitors Act 1974.

If a solicitor has taken monies from your damages, please do not hesitate to get in touch with us for a Free Consultation on 0207 459 4037.

Yes. If the Court reduces the solicitors’ bill by one fifth (20%) or more, then you are entitled to the costs of the detailed assessment proceedings. These costs will be paid by your former solicitors.

We have an excellent track record of being able to recover the majority of your legal costs from your former solicitors (often on the indemnity basis). Our unique and tactical approach sets us apart from other law firms.

If you want to understand how we can assist you with your legal dispute, please do not hesitate to call us on 0207 459 4037 or complete our booking form to schedule a consultation with our expert lawyers.

The duration of the solicitor/client assessment process can vary based on several factors, including the complexity of the case, the number of costs in question, and the availability of the court to schedule the detailed assessment hearing. While there is no fixed timeframe, understanding the general stages can help give you an idea of what to expect:

1. Initiating the Assessment: The process begins when you apply to the court for the assessment. This typically involves submitting relevant documents, details of the costs in question, and the reasons for the dispute.
2. Serving Notice: Once the court receives your application, they will serve notice to the solicitor whose costs are being assessed. Typically, the Court will list a directions hearing to set out a timetable for your detailed assessment claim within one month of issuing the claim. The parties can alleviate the need for a directions hearing if directions can be agreed between the parties (and typically directions should not be contentious).
3. Preparation of Bill of Costs: The solicitor will need to prepare a detailed breakdown to support the charges claimed in the invoices.
4. Inspection: this is similar to disclosure, the solicitor will either provide you with access to their files or provide you with a copy of the documents. This will allow you to consider and assess the reasonableness of the charges.
5. Points of Dispute: you will then have an opportunity to prepare Points of Dispute challenging the reasonableness of the charges.
6. Points of Reply: the solicitor will also have an opportunity to respond to your Points of Dispute and provide any further information or clarification that it wishes the court to consider.
7. Hearing Preparation: If the matter is not resolved through negotiation or correspondence, a hearing may be scheduled. This involves coordinating the availability of all parties, legal representatives, and the court’s schedule.
8. Detailed Assessment Hearing: During the hearing (which will typically take place in the SCCO, in London), both sides will present their arguments, evidence, and reasoning to the court. The court will carefully consider the information presented before making a decision.
9. Court’s Decision: After the hearing, the court will decide regarding the assessment. The judge will determine whether the costs are reasonable, necessary, and in line with legal standards.

The duration of this process can range from several months to over a year, depending on the complexity of the case, size of the bill and the court’s schedule. It is important to note that while waiting for the assessment process to conclude, you and your solicitor can continue to negotiate and explore settlement options, which could potentially expedite the resolution.

While the assessment process requires patience, it serves as a crucial step in ensuring fairness and transparency in legal costs. The courts understand the importance of resolving these matters efficiently, and they strive to provide timely judgments while ensuring that all parties have a fair opportunity to present their case.

At Go Legal, we are committed to guiding you through every step of the assessment process. Our experienced team of legal professionals will work diligently to ensure that your concerns regarding legal costs are addressed effectively and efficiently. We understand that your time is valuable, and we are dedicated to achieving a resolution that upholds your rights and interests while maintaining a positive working relationship.

Please call us on 0207 459 4037 or complete our booking form for a Free Consultation with one of our expert cost lawyers today.

Yes. We regularly represent our clients at hearings in the Senior Court Costs Office (SCCO) and have high success rate in resolving claims in our client’s favour. We provide a one-stop service for all your cost issues thereby saving you significant costs.

If you have a hearing in the SCCO, please do not hesitate to give us a call for Free Consultation on 0207 459 4037.

Yes. If the solicitor that acted for you has raised an invoice which you paid or remains unpaid and has been chasing you for payment, then you may be able to challenge the bill and start professional negligence proceedings.

Yes, there are alternative methods to court assessment that can be used to resolve cost disputes with your solicitor. These methods aim to provide a more streamlined and collaborative approach to reaching an agreement while avoiding the formal court process. Here are some alternatives to consider:

1. Engaging Go Legal: involving our expert lawyers can help provide an objective assessment of the costs and a professional opinion on their reasonableness. We can assist in facilitating discussions between you and your solicitor, and resolve your costs challenge quickly and in a cost-effective way.
2. Negotiation and Discussion: The first step in resolving a cost dispute is often open communication with your solicitor. Express your concerns and discuss the specific areas of disagreement. Many disputes can be resolved through direct negotiation, where both parties work together to find a mutually agreeable solution.
3. Mediation: Mediation involves a neutral third party, the mediator, who facilitates discussions between you and your solicitor. The mediator’s role is to help both sides explore options, understand each other’s viewpoints, and reach a settlement. Mediation is a voluntary process that allows for more flexibility and control over the outcome. Several of our expert lawyers are also mediators and can advise and further assist you to facilitate a quick and cost effective resolution.
4. Legal Ombudsman: Solicitors have the Legal Ombudsman which is able to handle complaints between service providers and clients. We will consider the merits of such a complaint further in our consultation.
5. ADR Services: Alternative Dispute Resolution (ADR) services offer various methods for resolving disputes outside of court. These include negotiation, mediation, and Part 36 offers (although recently the Court has decided that Part 36 offers are not applicable in solicitor/client assessment – read our article “Does Part 36 apply to Solicitors Act Assessments?”. ADR is designed to provide a less adversarial and more cooperative approach to dispute resolution.

These alternatives can often lead to faster resolutions and help maintain a positive working relationship between you and your solicitor. It is important to carefully consider which approach aligns with your preferences and the nature of the dispute.

Our experienced team at Go Legal can guide you through these alternatives, helping you choose the path that best suits your needs and interests. We are dedicated to finding efficient and effective solutions that uphold your rights while promoting positive outcomes.

Please call us on 0207 459 4037 or complete our booking form below for a Free Consultation with one of our expert cost lawyers today.

We often get asked whether we are able to accept instructions on a “no win no fee” basis such as a Conditional Fee Agreement (“CFA”) or a Damages Based Agreement (“DBA”).

We consider each claim on a case-by-case basis and we will discuss the different funding options with you to assess what type of funding arrangement would be in your best interest including whether you have an existing insurance policy in place which may provide a contribution towards your legal costs.

We also have relationships with litigation funds and after-the-event insurers that may be able to provide funding at discounted rates for your claim based on our opinion of your claim.

In the event that you successful in reducing your solicitors by 20% or more, we have an excellent track record of being able to recover the majority of your legal costs from your former solicitors (often on the indemnity basis).

There are strict timescales for challenging solicitors’ fees under the Solicitors Act 1974. Please get in touch with us for a Free Consultation on 0207 459 4037. For more information on funding arrangements, please see our Funding page.

Yes, if you succeed in the solicitor/client assessment process and the court finds that your solicitor’s costs were unreasonably high, you may have the opportunity to claim back the costs associated with the assessment. This includes expenses related to initiating the detailed assessment, legal representation, and other reasonable costs directly tied to the process.

One notable rule in these cases is the “1/5th rule” or the “20% rule.” According to this rule, if your solicitor’s bill is assessed and reduced by 20% or more compared to the original bill, the solicitor will typically be responsible for reimbursing you for the expenses of the assessment.

When the court concludes that the costs charged by your solicitor were excessive, unnecessary, or not in line with legal standards, they will typically order the solicitor to cover a portion or all the costs incurred during the assessment process. This is aimed at ensuring fairness and accountability in legal costs and providing relief to clients who have been charged disproportionately. However, if the costs have not been reduced by more than 20% then the general rule is that you are the losing party and liable for the costs.

It is important to understand that the court’s decision on cost recovery will depend on various factors, including the outcome of the assessment, the reasons for the assessment, and whether the costs billed by your solicitor were indeed unreasonable. If the court sides with you and directs your solicitor to reimburse your costs, this can help offset the expenses you encountered during the assessment process.

At Go Legal, we are committed to helping clients navigate the solicitor/client detailed assessment process effectively. Our experienced cost team understand the complexities of cost disputes and is dedicated to helping you achieve a favourable outcome. If you succeed in challenging the costs and securing a court order for costs recovery based on the “1/5th rule,” we will work tirelessly to ensure you receive the compensation you deserve. Our objective is to provide you with transparent, strategic, and trustworthy guidance throughout the process, ensuring your rights are safeguarded and you are justly compensated for any avoidable or unjust costs you might have borne.

Please call us on 0207 459 4037 or complete our booking form below for a Free Consultation with one of our expert cost lawyers today.

Yes. We consider each claim on a case-by-case basis and we will discuss the different funding options with you to assess what type of funding arrangement would be in your best interest including whether you have an existing insurance policy in place which may provide a contribution towards your legal costs.

There are strict timescales for challenging solicitors’ fees under the Solicitors Act 1974. Please get in touch with us for a Free Consultation on 0207 459 4037. For more information on funding arrangements, please see our Funding page.