Solicitors Act
Overview
In Belsner v. CAM Legal Services Ltd, the Master of the Rolls acknowledged that the distinction between contentious and non-contentious costs was ‘outdated’ and in need of ‘urgent … legislative attention’.[1] The Council’s May 2023 Costs Report reiterated these concerns; their recommendations included –
- Considering a Solicitors Act 1974 section 56 general order, in consultation with the Law Society, to help develop a better scheme for non-contentious costs.[2]
- Inviting the CJC or Law Commission to report on revisions Solicitors Act, given the intended digitisation of dispute resolution.
Terms of Reference
The Working Group will consider the current contentious/non-contentious costs regime. The group will produce a final report making recommendations for reform. The group’s terms of reference are to:
- Consider recommendations for primary legislative reform to the Solicitors Act 1974.
- Consider a Solicitors Act 1974 section 56 general order, to help develop a better scheme for non-contentious costs.
- Consider a possible costs regime for online digital portals.
- Consider the scope of future reform in relation to contentious / non-contentious costs.
Membership List
- Mr Justice Adam Johnson (Chair).
- Costs Judge Jason Rowley (Judicial Member).
- Natalie Turner (Law Society).
- Kisha Punchihewa (Solicitors Regulation Authority).
- John Cuss (CJC Member).
- Liz Smart (CJC Member).
[1] [2022] EWCA Civ 1387 [15] [61].
[2] Solicitors Act 1974