Suggest a correction

Costs payable to solicitor by his or her own client (P. 16, r. 23)

Family Justice (Probate and Other Matters) Rules 2024

Match the official source exactly.

What needs fixing?

Wrong or mistyped textWrong structure or numberingWrong title or detailsDuplicated content

Proposed text

—(1) This Rule applies to every assessment of a solicitor’s bill of costs to the solicitor’s own client.(2) On an assessment to which this Rule applies, costs are to be assessed on the indemnity basis but are to be presumed —(a)to have been reasonably incurred if they were incurred with the express or implied approval of the client;(b)to have been reasonable in amount if their amount was, expressly or impliedly, approved by the client; and(c)to have been unreasonably incurred if, in the circumstances of the case, they are of an unusual nature unless the solicitor satisfies the Registrar that prior to their being incurred the solicitor informed the client that they might not be allowed on an assessment of costs between the parties to the proceedings.(3) In paragraph (2), references to the client are to be construed —(a)if the client at the material time lacked capacity within the meaning of the Mental Capacity Act 2008 and was represented by a person acting as litigation representative, as reference to that person acting, where necessary, with the authority of the Court; and(b)if the client was at the material time a minor and represented by a person acting as litigation representative, as references to that person.(4) The delivery of a bill of costs by a solicitor to the solicitor’s client does not preclude the solicitor from presenting a bill for a larger amount or otherwise for assessment, if assessment is ordered by the Court or is consented to by the solicitor and the solicitor’s client.(5) Upon an assessment mentioned in paragraph (4), the solicitor is entitled to such amount as is allowed by the Registrar, although such amount may be more than that claimed in any previous bill of costs delivered to the solicitor’s client.

What's the problem? (required)

Source link (optional)

Describe the problem (and edit the text or pick an issue type) to submit.

Suggestions are submitted anonymously. No account or personal information is required or sent.