Challenging solicitors’ bills: lessons from Biggar vs Howard Kennedy—Solicitors Journal
Partner Sarah Arnold has written an article for Solicitors Journal analysing a recent SCCO ruling on challenges to solicitors’ bills, providing guidance on when clients can seek assessment and the threshold for ‘special circumstances.’
In the article, Sarah examines Biggar v Howard Kennedy LLP, which considered an application under section 70 of the Solicitors Act 1974 and clarified how the court approaches paid and unpaid invoices, as well as the circumstances in which an assessment may be permitted out of time. She explains how the judgment offers useful guidance for practitioners on client conduct, the importance of clear retainer terms, and the need to keep clients informed of accruing costs, while reinforcing the limits on late-stage challenges to legal fees.
The existence of “special circumstances” justifying an assessment of a solicitor’s bill out of time is determined by comparing the case to the ordinary run of cases to see whether there is anything out of the ordinary course and which calls for an explanation or further scrutiny.
The full article is available to read online from Solicitors Journal here.
About Sarah
Sarah Arnold is a partner in the trust and estate disputes team specialising in resolving inherited wealth disputes.
Get in touch
If you would like to speak with a member of the team you can contact our trusts wills estate disputes solicitors by telephone on +44 (0)20 3826 7530 or complete our enquiry form.
