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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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CAN THE WORDING OF A COVERING LETTER ENCLOSING TERMS OF BUSINESS FROM A SOLICITOR TO A CLIENT GIVE RISE TO AN ESTOPPEL SO AS TO PREVENT RELIANCE ON THOSE TERMS?

CAN THE WORDING OF A COVERING LETTER ENCLOSING TERMS OF BUSINESS FROM A SOLICITOR TO A CLIENT GIVE RISE TO AN ESTOPPEL SO AS TO PREVENT RELIANCE ON THOSE TERMS?

July 14, 2026 · by gexall · in Applications, Civil evidence, Civil Procedure, Costs, Members Content

Here we look at a case where a solicitor’s (former) client argued that the wording of a covering letter enclosing the firm’s terms and conditions meant that they were estopped from relying on those terms.  It is an interesting example…

COST BITES 391: COURT OF APPEAL UPHOLDS DECISION THAT SOLICITOR'S BILL SHOULD BE ASSESSED AT "NIL":  THERE IS NO "RESTITUTIONARY" RIGHT TO DAMAGES WHERE THE CFA ITSELF MADE EXPRESS PROVISIONS FOR THESE CIRCUMSTANCES

COST BITES 391: COURT OF APPEAL UPHOLDS DECISION THAT SOLICITOR’S BILL SHOULD BE ASSESSED AT “NIL”: THERE IS NO “RESTITUTIONARY” RIGHT TO DAMAGES WHERE THE CFA ITSELF MADE EXPRESS PROVISIONS FOR THESE CIRCUMSTANCES

May 26, 2026 · by gexall · in Appeals, Civil Procedure, Conditional Fee Agreements, Costs, Members Content

I wrote about this case in August 2025 “Here we have a case that could well bring tears to the eyes of any litigator who works on a conditional fee basis.  For the second time, on appeal, the claimant solicitor’s…

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…

COST BITES 260: THE “CLIENT” WAS NOT LIABLE TO PAY THE SOLICITORS BILLS : EACH ENTITY PUT IN ITS TIME AND EFFORT AT ITS OWN RISK

July 25, 2025 · by gexall · in Civil evidence, Civil Procedure, Costs, Members Content, Witness statements

Today we are looking at a highly unusual solicitor and own client costs assessment. After hearing evidence over five days the judge decided that there was no retainer between the “client”and the solicitor. The client was not liable to pay…

COST BITES 77: JUDGE REJECTS ARGUMENT THAT TERMS OF DISCOUNTED CONDITIONAL FEE AGREEMENTS MEANT THE SOLICITORS WERE NOT ENTITLED TO ANY COSTS OF ALL: COMPULSORY READING HERE - AND MUCH TO THINK ABOUT

COST BITES 77: JUDGE REJECTS ARGUMENT THAT TERMS OF DISCOUNTED CONDITIONAL FEE AGREEMENTS MEANT THE SOLICITORS WERE NOT ENTITLED TO ANY COSTS OF ALL: COMPULSORY READING HERE – AND MUCH TO THINK ABOUT

April 19, 2023 · by gexall · in Costs, Members Content

The judgment of Judge Brown, sitting as a Master of the Kings Bench, in  Ascension Asset Management Ltd & Anor v Sky Solicitors Ltd [2023] EWHC 875 (KB) should be mandatory reading for any litigator who enters into a retainer…

WHO SACKED WHO? HIGH COURT DECISION AS TO WHETHER THE CLIENT OR THE SOLICITOR ENDED THE RETAINER

WHO SACKED WHO? HIGH COURT DECISION AS TO WHETHER THE CLIENT OR THE SOLICITOR ENDED THE RETAINER

October 3, 2019 · by gexall · in Applications, Civil Procedure, Members Content

In Walsh v Greystone Financial Services Ltd [2019] EWHC 2573 (Ch) Mr Justice Nugee had to decide whether it was the client or the solicitor who ended the retainer. THE CASE At the end of a trial at which the…

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