Kris Kilsby explains how to avoid third-party challenges under the Solicitors Act
- The Court of Appeal’s decision in Kenig v Thomson Snell & Passmore LLP paved the way for third parties to challenge solicitors’ bills of costs.
- The challenge for executors and probate solicitors will be how to protect the costs in those bills, or avoid beneficiaries making such applications in the first place.
- Solicitors need to produce clear and accurate estimates, erring on the side of caution.
The decision in Kenig v Thomson Snell & Passmore LLP [2024] EWCA Civ 15, [2024] All ER (D) 72 (Jan) opened the door for third parties to have solicitors’ bills of costs assessed, and that such an assessment would have some teeth beyond what had been assumed before.
With the door firmly opened, it appears that many beneficiaries, particularly residuary beneficiaries, are now aware that their right to an assessment under the Solicitors Act 1974 is more likely to result in the bill being reduced upon assessment. For the beneficiaries, it will become a kind of zero-sum game in that every pound reduced
