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02 October 2026
Issue: 8179 / Categories: Legal News , Costs , Profession , Fees
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NLJ this week: The cost of uncertainty

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When does a solicitor’s retainer become a contentious business agreement? The Court of Appeal’s decision in Broadfield Law UK LLP v Barnes shows that listing hourly rates alone will not do, leaving firms and clients uncertain about their rights over bills

Writing in NLJ this week, Victoria Morrison-Hughes of Integral Legal Costs says the agreement lacked sufficient detail about who would perform the work, at what rate and when charges might change. Classification matters: a contentious business agreement limits ordinary assessment rights but requires court scrutiny before enforcement; an ordinary retainer leaves fees open to wider assessment.

The Civil Justice Council proposes replacing rigid statutory distinctions with a test of whether charges and terms are ‘fair and reasonable’. Morrison-Hughes welcomes reform but warns that it must protect informed consent. Clients need clear explanations, realistic estimates and updates, she argues: a price can look reasonable while leaving its eventual application opaque.

MOVERS & SHAKERS

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

DWF—11 appointments

DWF—11 appointments

DWF strengthens North West teams with 11 newly qualified solicitors

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
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