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The effect of these rules may be summarised as follows :-
(a)
A challenge by a client to his own solicitor's bill can only succeed in relation to
costs which "are of an unreasonable amount or have been unreasonably
incurred."
(b)
If the costs under challenge are "of an unusual nature" and such that they would
not be allowed on a "party and party" taxation under O 62 r 28(2), that is, if
such costs are not, or exceed what is, "necessary or proper for the attainment of
justice or for enforcing or defending the rights of the party whose costs are
being taxed" then the costs are presumed unreasonable and for the solicitor to
maintain such costs, he must show either that he had expressly informed his
client before they were incurred that they might not be recoverable on a party
and party taxation or that such costs were not unreasonably incurred.
(c)
If, however, the costs in question are not unusual and not such as would be
disallowed on a party and party taxation - in other words, they are necessary or
proper for the attainment of justice or for enforcing or defending the client's
rights
– then, if the client has expressly or impliedly approved incurring such
costs and their amount, he is precluded from challenging the bill for such costs.
Even if he could show that such costs were incurred or were in an amount not
expressly or impliedly approved by him, his challenge would only succeed if
such costs or their quantum were found to be unreasonable. This would
obviously be unlikely since the costs would, ex hypothesi, be necessary or
proper for the attainment of justice or for enforcing or defending the client's
rights.
Notes
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