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Ltd, the Master of the Rolls acknowledged that the distinction between contentious and non-contentious costs was ‘outdated’ and in need of ‘urgent … legislative attention’.[1] The Council’s May 2023 Costs Report reiterated these concerns; their recommendations included:

  1. 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]
  2. Inviting the CJC or Law Commission to report on revisions Solicitors Act, given the intended digitisation of dispute resolution.

The Working Group will consider the current contentious/non-contentious costs regime and produce a final report making recommendations for reform.

The Litigation Funding Working Group’s interim report and consultation was published in October 2024. The Solicitors Act Working Group and the Civil Justice Council recognise that there will be areas of overlap in the work of the two groups. Therefore, in order that the Litigation Funding consultation can be taken account of in their work, the Solicitors Act Working Group’s own interim report and consultation will follow in early 2025.

Terms of Reference

The group’s terms of reference are to:

  1. Consider recommendations for primary legislative reform to the Solicitors Act 1974.
  2. Consider a Solicitors Act 1974 section 56 general order, to help develop a better scheme for non-contentious costs.
  3. Consider a possible costs regime for online digital portals.
  4. Consider the scope of future reform in relation to contentious / non-contentious costs.

Membership List

  1. Mr Justice Adam Johnson (Chair)
  2. Costs Judge Jason Rowley (Judicial Member)
  3. Natalie Turner (Law Society)
  4. Kisha Punchihewa (Solicitors Regulation Authority)
  5. Toakase Tonga (Legal Services Board)
  6. John Cuss (CJC Member).
  7. Liz Smart (CJC Member).

[1] [2022] EWCA Civ 1387 [15] [61].

[2] Solicitors Act 1974