In the light of a recent decision highlighting the difficulties of costs charging, David Cooper stresses the need for vigilance
In brief
- Adam Newman v Gordon Dadds LLP:
- the need for solicitors to be vigilant in relation to compliance with the SRA Code of Conduct for Solicitors;
- useful guidance as to what should be addressed when deciding, whether acting for solicitors or the client, how to prepare and present the case to the costs judge for determination.
As a result of the new SRA Standards and Regulations issued in November 2019 (https://bit.ly/35kWGZN), which replaced the SRA Handbook, solicitors are required to comply with para 8.7 of The Code of Conduct for Solicitors, RELs and RFL and para 7.1(c) of the SRA Code of Conduct for Firms. In addition, there is a requirement to comply with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (2013/3134) which stipulates that solicitors must provide the information about the overall cost of the services and if there are likely to be any disbursements.
Notwithstanding the clear provisions that are included within these regulations
