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19 April 2012 / William Gibson
Issue: 7510 / Categories: Features , Procedure & practice , Costs
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The costs conundrum (2)

In the second article in a special NLJ costs series, William Gibson revisits estimates

Under the Guide to the Professional Conduct of Solicitors (1999) there was a positive requirement, within Practice Rule 15 of the Solicitors Cost Information and Client Care Code, for clients to be given the best possible estimate, for estimates to be confirmed in writing and not exceeded without prior warning. The courts upheld this latter requirement, most prominently in Wong v Vizards [1997] 2 Costs LR 46 and Anthony v Ellis & Fairbairn [2006] 2 Costs LR 277 but also in later cases. In both of those matters solicitors were allowed the estimated figures, together with a percentage increase to allow for contingencies. However, in Mastercigars Direct Ltd v Withers LLP [2007] EWHC 2733 (Ch), [2008] 3 All ER 417, Morgan J. considered that those two decisions, and two later rulings in the Court of Appeal, did not create authority giving a solicitor an automatic right to add a margin to an estimate or for the client to cap

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

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Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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