Getting your retainer right in a fixed costs world

The new intermediate track, which came into being on 1 October for cases worth up to £100,000, is a litigation game changer. It brings with it serious challenges and economic risks for practitioners, given that in many cases they will have little choice but to deduct some of their costs from damages. That means the Court of Appeal rulings in Herbert (2019) and Belsner (2022) need to be front of mind if solicitors want to avoid – or at least defeat – challenges to deductions. A defective retainer and poor client-care documentation could well mean that no costs at all are recoverable.

In this webinar, eminent costs barrister Ben Williams KC, who won the Belsner case, and Professor Dominic Regan discuss:

• How to negotiate the retainer
• The duty to advise on funding options (even ones you never offer)
• Consent v informed consent to deductions
• Common complaints which the Legal Ombudsman will pursue against you
• How much can I deduct?
• Getting out of or exceeding fixed recoverable costs.