4 New Square
15 Experts
4 Contributions by 4 New Square
PRACTICE NOTES
This Practice Note sets out a solicitor’s entitlements to recover remuneration, including issuing proceedings to obtain payment of a bill and exercising proprietary rights over documents and/or monies secured through their instrumentality. For ease, references to the Solicitors Act 1974 are abbreviated to SA 1974 in this Practice Note.
Can a solicitor recover fees?
A solicitor’s ability to recoup costs and disbursements turns on the terms of the retainer with the client, because the client is liable to their instructed solicitors for sums incurred under that agreement. If a client does not settle costs and disbursements, the solicitor may commence proceedings to recover their fees, but any claim to recover costs must comply with SA 1974, s 69. For further guidance, see: Suing for recovery of costs.
Reserved legal activities
In Mazur v Charles Russell Speechlys LLP (2026), the Court of Appeal determined that an
Dispute Resolution
PRACTICE NOTES
This Practice Note considers when a solicitor–own client assessment can be sought. The principal mechanism is the statutory scheme in Part III of the Solicitors Act 1974 (SA 1974). Under SA 1974, the ‘party chargeable’ and certain third parties have rights to ask for an assessment. This Note outlines the applicable tests and the various deadlines that may ultimately curb the opportunity to seek one. It also identifies the relevant context. For ease, the Solicitors Act 1974 is abbreviated to SA 1974 throughout.
This usage is maintained for consistency within this Note. Where a solicitor issues a claim to recover their statute bill, the defendant may alternatively be able to invoke a ‘common law’ entitlement to an assessment. This Note sets out the main distinctions between that common law entitlement and the statutory rights available under SA 1974. CPR provisions governing the
Dispute Resolution
PRACTICE NOTES
This Practice Note explains when and why delivery of a bill is required, how to seek delivery, and the types of orders the court may grant. It also highlights examples of instances where the court has, and has not, exercised its discretion under section 68 of the Solicitors Act 1974 (SA 1974), together with the effect of delivery of a statute bill and delivery up of the client’s papers. Note, the Solicitors Act 1974 (SA 1974) is referred to as SA 1974 in this Practice Note...
Delivery of a bill
When and why this is sought
Delivery of a bill is commonly pursued by a client or other chargeable party in two situations:
the solicitor wishes to retain monies on account without providing an adequate bill
the client believes the solicitor’s request for an interim payment on account is unduly high
The court’s
Dispute Resolution
PRACTICE NOTES
This Practice Note outlines how to obtain an order for assessment and the steps to follow if one is made, including the necessary documents and evidence, the assessment hearing, and who bears the assessment costs. The provisions governing the assessment of solicitors’ costs are in CPR 46 and CPR PD 46 at para 6.1 onwards. Throughout, the Solicitors Act 1974 is abbreviated to SA 1974.
For further information on:
a client’s entitlement to seek an assessment—see Practice Note: Solicitor and client costs—rights to an assessment
the High Court’s power to require a solicitor to deliver a bill of costs (SA 1974, s 68)—see Practice Note: Solicitor and client costs—applications for delivery
the features required of a statute bill—see Practice Note: Solicitor and client costs—statute bills
the basis applied on a solicitor–client assessment—see Practice Note: Solicitor and client costs—basis of assessment
How to obtain an order for
Dispute Resolution
7 Contributions by 4 New Square Experts
PRACTICE NOTES
Which ethical standards govern English and Welsh practitioners (using English and England for brevity) engaged in international arbitration will vary with the features of the arbitration, and the context in which they are retained to act within such arbitration.
The most important factors for practitioners to consider are the following:
the ethical requirements of their professional regulator
the ethical duties for lawyers and any pertinent laws of the seat’s jurisdiction, or of the place where they undertake tasks (for example, taking witness statements) connected to an arbitration seated elsewhere in relation to that work
any rules or guidance the parties have agreed will apply between them
any provisions set by a relevant arbitral institution or organisation
measures adopted by tribunals exercising express or implied powers to control and manage the conduct of proceedings
This field remains comparatively unsettled, the governing standards are not invariably
Arbitration
PRACTICE NOTES
This Practice Note explains when and why delivery of a bill is required, how to seek delivery, and the types of orders the court may grant. It also highlights examples of instances where the court has, and has not, exercised its discretion under section 68 of the Solicitors Act 1974 (SA 1974), together with the effect of delivery of a statute bill and delivery up of the client’s papers. Note, the Solicitors Act 1974 (SA 1974) is referred to as SA 1974 in this Practice Note...
Delivery of a bill
When and why this is sought
Delivery of a bill is commonly pursued by a client or other chargeable party in two situations:
the solicitor wishes to retain monies on account without providing an adequate bill
the client believes the solicitor’s request for an interim payment on account is unduly high
The court’s
Dispute Resolution
PRACTICE NOTES
This Practice Note outlines a standard method commonly adopted by funders when evaluating a matter and determining whether to back it. It also sets out the considerations that may need to be addressed when assessing the availability of finance. It is intended to guide both claimants and their advisers through key early steps in the process.
Initial enquiry and NDA
An initial, succinct scoping call with a funder, without revealing any confidential material, is useful to confirm that, at least in principle, nothing would stop that funder from properly reviewing the claim for support (eg any conflict of interest or other connection with parties to the prospective claim).
Investment mandates differ from one funder to another and may, for example, vary in relation to:
the minimum and maximum sums a funder can commit;
the minimum ratio between the funder’s outlay and the
Dispute Resolution
PRACTICE NOTES
What is litigation funding?
Litigation funding—often termed litigation finance or third party funding—describes an arrangement whereby an independent funder pays some or all of the costs and legal outlay of bringing a claim. Although such backing may (and sometimes does) be provided on a gratuitous basis (eg through ‘crowd‑funding’ or by a benefactor), references to ‘litigation funding’ generally point to the for‑profit market in commercial litigation finance. This Practice Note concerns commercial litigation funding. Claimants commonly obtain finance to meet all disbursements and legal fees in line with a pre‑agreed budget set out in a funding agreement. Funding can, however, also be extended for discrete items, for example to cover one or several disbursements such as premia for after‑the‑event insurance (ATE), experts, external counsel, or arbitration costs. Most frequently, third party finance is provided on a non‑recourse basis, meaning that:
if the
Dispute Resolution
PRACTICE NOTES
This Practice Note outlines the function commonly undertaken by tribunal secretaries (also called arbitral or administrative secretaries) within international arbitration. It further looks at who fills the secretary role, highlights issues that have emerged regarding their engagement, and the extent to which certain institutional arbitration rules provide for their use. It also examines who ordinarily performs the secretary position and in what capacity. Provision for their engagement under certain institutional arbitration rules is likewise considered. The Practice Note does not take a position on whether appointing tribunal secretaries is appropriate. It does not endorse or oppose their use. Rather, it describes the tasks tribunal secretaries typically carry out, considers who is most suitably placed to do so, briefly addresses recurring concerns linked to their involvement, and records recent developments relating to their use by reference to selected
Arbitration
PRACTICE NOTES
This Practice Note examines unlicensed medicines and the routes by which they can reach patients across the EU and the UK, such as via the UK Specials regime. It then looks at deploying authorised medicines beyond the scope of their licence (commonly termed off-label use). Lastly, the Practice Note addresses liability questions linked to using medicines without a licence. The UK’s regime governing unlicensed products is largely rooted in EU legislation. Numerous EU-derived principles and obligations remain in UK domestic law, save where particular measures provide otherwise. The Note surveys both EU and UK frameworks: analysis of EU requirements should be treated as relevant to the UK system unless distinct UK rules departing from EU law are set out separately. It also summarises pertinent EU case law; for guidance on the extent to which UK courts and tribunals are bound after the Brexit
Life Sciences
PRECEDENTS
Lodged on behalf of the Defendant
Witness statement of [ insert initial and surname of witness ]
Number of witness statement: [ insert number of witness statement in relation to the witness ]
Exhibit details: [ insert initials and number of each exhibit referred to ]
Date on which statement was made: [ insert date ] [ Date of translation: [ insert date ] ]
CLAIM NO: [ insert claim number ]
IN THE HIGH COURT OF JUSTICE, Business and Property Courts of England and Wales, Commercial Court (KBD)
OR
In the High Court of Justice, Business and Property Courts in [ insert location ] [ specify division ] [ specify specialist court ]
BEFORE [ insert judge’s name ]
AND IN AN ARBITRATION CLAIM
Between 1 [ insert Claimant’s name ] Claimant -and- 2 [ insert Defendant’s name ] Defendant
AND IN THE MATTER OF AN
Arbitration
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