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Why you should keep a firm eye on your legal fees

A recent case in the Family Division of the High Court demonstrates why it is important to keep a close eye on the level of fees that are being incurred on your behalf and not to assume that, even if you have a cast iron case, you will win and automatically get back everything that you have spent.

In K –v- K (full details of which can be found here) the mother lost on an appeal and, because the court found that the appeal was doomed from the outset and should never have been brought, was ordered to pay the father's legal costs. Although the father had incurred legal fees of just under £39,000 (and the mother just under £23,000) Mr.Justice MacDonald assessed the amount that the mother should pay to the father by way of costs at just £3,737.50.

This was not just an arbitrary deduction. The Judge examined the father's costs in detail, reducing the hourly rates claimed, the time spent and even the barrister's fees to a level that reflected the principle that the award of costs should be the " lowest amount which [the party who was awarded costs] could reasonably have been expected to spend in order to have his or her case conducted and presented proficiently having regard to all the relevant circumstances".

This of course leaves the Father potentially out of pocket by some £35,000.

If you are involved in legal proceedings, ensure that you fully understand how you will be charged at the outset. Check how much you are being charged and how much time is being spent as the case progresses. If it seems high, ask your solicitor for reassurance that he or she expects that what you are spending will be recoverable should the other side be ordered to pay your costs, and if they cannot give that reassurance, ask them to explain why. Importantly, if you are unhappy at any point with the level of costs that are being incurred, then say so – it is much easier to resolve at the time than having to argue about a large bill when the case is over.

If you have any concerns about legal fees, even if your case is concluded and the fees have been paid, feel free to contact us for a no obligation discussion. We may be able to help to get you a reduction or refund.

"In this case it is right, for the reasons I have given, that the mother should be the subject of an order for costs.That does not mean, however, that it is right for the mother to bear the frankly excessive costs enumerated in the Statement of Costs filed by the solicitors instructed by the father.  In circumstances where the rules make provision for the payment of costs proportionately and reasonably
incurred, where a costs order is merited the court will meet robustly any claim for costs that it considers to be, as in this case, excessive."


Mr.Justice MacDonald, K –v- K  [2016] EWHC 2002 (Fam)

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