header-logo header-logo

04 July 2025 / Kris Kilsby
Issue: 8123 / Categories: Features , Profession , Costs
printer mail-detail

Costs control

224725
Kris Kilsby explains how to avoid third-party challenges under the Solicitors Act
  • The Court of Appeal’s decision in Kenig v Thomson Snell & Passmore LLP paved the way for third parties to challenge solicitors’ bills of costs.
  • The challenge for executors and probate solicitors will be how to protect the costs in those bills, or avoid beneficiaries making such applications in the first place.
  • Solicitors need to produce clear and accurate estimates, erring on the side of caution.

The decision in Kenig v Thomson Snell & Passmore LLP [2024] EWCA Civ 15, [2024] All ER (D) 72 (Jan) opened the door for third parties to have solicitors’ bills of costs assessed, and that such an assessment would have some teeth beyond what had been assumed before.

With the door firmly opened, it appears that many beneficiaries, particularly residuary beneficiaries, are now aware that their right to an assessment under the Solicitors Act 1974 is more likely to result in the bill being reduced upon assessment. For the beneficiaries, it

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

Bellevue Law—Lianne Craig

Bellevue Law—Lianne Craig

Workplace law firm expands commercial disputes team with senior consultant hire

EIP—Rob Barker

EIP—Rob Barker

IP firm promotes patent attorney to partner

Muckle LLP—Ryan Butler

Muckle LLP—Ryan Butler

Banking and restructuring team bolstered by insolvency specialist

NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
back-to-top-scroll