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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » Contentious Business Agreements
COST BITES 395: A RETAINER WAS NOT A CONTENTIOUS BUSINESS AGREEMENT BECAUSE THE TERMS IN RELATION TO HOURLY RATES RENDERED IT TOO UNCERTAIN (COURT OF APPEAL DECISION YESTERDAY)

COST BITES 395: A RETAINER WAS NOT A CONTENTIOUS BUSINESS AGREEMENT BECAUSE THE TERMS IN RELATION TO HOURLY RATES RENDERED IT TOO UNCERTAIN (COURT OF APPEAL DECISION YESTERDAY)

June 4, 2026 · by gexall · in Appeals, Applications, Assessment of Costs, Civil Procedure, Costs, Members Content

This appeal has been much discussed in the specialist press. A solicitor’s client argued that the terms of a retainer rendered in a Contentious Business Agreement. This would have given her greater scope to dispute the bills.  The Court of…

COST BITES 374: IF THIS WAS A CBA THE UNILATERAL ABILITY TO VARY RATES WOULD HAVE LED TO IT BEING SET ASIDE ON THE GROUNDS IT WAS UNREASONABLE

COST BITES 374: IF THIS WAS A CBA THE UNILATERAL ABILITY TO VARY RATES WOULD HAVE LED TO IT BEING SET ASIDE ON THE GROUNDS IT WAS UNREASONABLE

April 9, 2026 · by gexall · in Assessment of Costs, Civil evidence, Civil Procedure, Costs, Members Content

We are continuing with our examination of a case we looked at yesterday. The court found that the agreement between the parties was not a Contentious Business Agreement.  However the judge also stated that it it had been a CBA…

COST BITES 373: THIS ENGAGEMENT LETTER WAS NOT A CONTENTIOUS BUSINESS AGREEMENT: "CERTAINTY" IS AN ESSENTIAL INGREDIENT

COST BITES 373: THIS ENGAGEMENT LETTER WAS NOT A CONTENTIOUS BUSINESS AGREEMENT: “CERTAINTY” IS AN ESSENTIAL INGREDIENT

April 8, 2026 · by gexall · in Applications, Assessment of Costs, Civil Procedure, Costs, Members Content

In this case the court considered whether a solicitor’s letter of engagement amounted to the creation of a Contentious Business Agreement.  It was held that there was too much uncertainty for this to be a CBA. The failure to set…

IF YOU ENTER INTO A CONTENTIOUS BUSINESS AGREEMENT WITH YOUR CLIENT ARE YOU PLAYING RUSSIAN ROULETTE?

July 28, 2015 · by gexall · in Civil Procedure, Conditional Fee Agreements, Costs, Members Content

The judgment of Master Campbell in Addleshaw Goddard LLP  -v- Wood & Hellard [2015] EWHC B12 (Costs) has some interesting observations on contentious business agreements and the nature of litigation financing generally. THE CASE The claimant solicitors had entered into…

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