The number of solicitor/client fee disputes has increased significantly from April 2013 following the implementation of Legal Aid, Sentencing and Punishment of Offenders Act 2012, and the abolition (in most cases) of the inter-partes recoverability of success fee and ATE premiums.
Our Solicitor and Client Costs Dispute Team is home to several heavyweight Kain Knight Costs Lawyers, including Nick McDonnell, Chris Butler, and Francis Kendall. They, together with other experienced members of the team, advise and represent those seeking advice on either challenging, or defending challenges to, solicitors’ legal fees.
Kain Knight are the costs lawyers involved in several of the leading cases in the field of solicitor and client costs disputes. Most notably, Belsner v CAM Legal Services Ltd [2022] Costs LR 1569, widely described in the legal press as the ‘costs case of the decade’.
Areas of expertise include high-value commercial costs and solicitor-client costs disputes arising from personal injury and clinical negligence cases. With extensive knowledge and experience of the law and procedures involved, as well as sector insight, Kain Knight are your trusted costs partners.
Services we offer include the preparation of:
- Bespoke suites of funding documents for firms of solicitors
- Interim and final statute bills
- Breakdowns of costs
- Advices on disclosure and inspection
- (Responses to) Part 18 applications for further information
- Points of dispute/Replies to points of dispute
- Advising on settlement discussions and ADR/Mediation
- Attending detailed assessment hearings
- In-house training
Notable solicitor/client cases of the Kain Knight Solicitor/Client Team:
Brown v JMW Solicitors [2022] EWCH 2848 (SCCO)
A case involving CheckMyLegalFees in which Costs Judge Rowley found that a party asking questions concerning ATE premiums in Solicitors Act 1974 detailed assessment proceedings under CPR.r.18 is not entitled to answers where a party provides no factual or evidential basis in support of disputing a cash account containing an ATE premium.
Kelly v Ralli Ltd [2022] EWHC B5 (Costs)
A successful application to strike out a Solicitors Act claim where the Claim Form had been served at the incorrect address and sent by email.
Belsner v Cam Legal Services Ltd [2022] Costs LR 1569
A case seeking to address the interplay between s.74(3) Solicitors Act 1974 and CPR.r.46.9(2) in which Kain Knight acted for the successful appellant solicitors. Overall, the appeal took up five sitting days for their Lordships, with a reserved judgment being given by Sir Geoffrey Vos, the Master of the Rolls (with whom Flaux C and Nugee LJ agreed).
Stone Rowe Brewer LLP v Just Costs Ltd [2015] EWCA Civ 1168
A successful appeal concerning the interpretation of the one-fifth rule in Solicitors Act 1974 detailed assessment proceedings. Specifically, the Court of Appeal considered the interpretation of special circumstances for the purpose of the s. 70(10) of the Act.
McDaniel & Co v Clarke [2014] EWHC 3826 (QB)
A successful appeal in Solicitors Act 1974 detailed assessment proceedings concerning the requirement to investigate alternative methods of funding before advising a lay client to enter into a Conditional Fee Agreement.
High Value Divorce Proceedings
Acted for a party in high value divorce proceedings opposing their solicitor invoices totalling significantly over £1million to include various applications/hearings and inspection. Obtained an order for assessment for all invoices regardless of their delivery date. Currently issuing an application for defective inspection with the assessment due to be heard in late 2023.
