If you’re exceeding guideline hourly rates, vague assertions won’t cut it, writes Sophie Houghton
- Courts use guideline hourly rates (GHR) as a starting point; exceeding them requires strong justification.
- Vague claims of complexity or scale aren’t enough—clear evidence is needed to support higher rates.
- Case law shows that without compelling reasons, courts won’t allow rates that are significantly above GHR.
When it comes to the question of costs, a longstanding bone of contention between the parties is the hourly rate which is being claimed by the receiving party for the work they have carried out.
Solicitors can technically charge their clients any hourly rate they choose for their services, as long as this is provided for in the retainer with their client. However, if the client seeks to recover those costs from another party, through a costs assessment, such costs will not be recoverable unless they are reasonable and proportionate.
From a practical perspective, when considering what hourly rates will be recoverable, you should be aware that the court will have regard to guideline hourly rates (GHR)
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