header-logo header-logo

Out of date?

07 February 2014 / Murray Heining
Issue: 7593 / Categories: Opinion
printer mail-detail
web_heining_0

Is the Solicitors Act 1974 still relevant, asks Murray Heining

Since the introduction of the Legal Services Act 2007 (LSA 2007) and the extension to persons authorised to provide legal services, I have mulled over the continued relevance of the Solicitors Act 1974 (SA 1974).

Bentine

The recent ruling in Bentine v Bentine [2013] EWHC 3098 (Ch), [2013] All ER (D) 02 (Nov) brought it to mind again. Proudman J had to determine whether costs disallowed for want of retainer should be excluded from the total of invoiced costs for the purposes of the “one-fifth rule” contained in s 70(9) of SA 1974.

This provides that if a solicitor’s bill is reduced by one fifth or more, then the solicitor will bear the costs of the assessment. If the bill is reduced by less than one-fifth or is not reduced, then they are paid by the paying party, unless there are good reasons found to depart from this rule. She ruled that costs disallowed for want of retainer should be excluded for the “one-fifth”

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

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
back-to-top-scroll