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GLOSSARY

Disbursements definition

Published by a LexisNexis Practice Compliance expert

What does Disbursements mean?

Any sum spent or to be spent on behalf of a client

Examples including search fees incurred on behalf of conveyancing clients. The amount of a disbursement must be clearly and accurately expressed, and monies must be held in accordance with the SRA Accounts Rules 2011.

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What to think about before bringing a private competition action—checklist

What to think about before bringing a private competition action—checklist Is there an actionable claim? Note: private competition actions remain largely regulated by national law and procedural and substantive rules across the EU may vary significantly, therefore assessments in individual jurisdictions will need to be made when planning competition litigation. Possible causes of action • Consider if there is an infringement of UK competition law (or EU competition law prior to the end of the Brexit transition period). ◦ Consider whether the loss suffered can be attributed to an agreement or concerted action between undertakings, especially competing undertakings (see further, The prohibition on restrictive agreements). ◦ Consider whether the loss might have been caused by an entity that is arguably dominant typically with a large share of a relevant market, and could be said to have abused its dominance contrary to Chapter II of the Competition Act 1998 (and/or Article 102 TFEU if prior to the end of the Brexit transition period) (see further, The prohibition on abuse of dominance)....

Fixed costs (position on or after 1 October 2023)—checklist

Fixed costs (position on or after 1 October 2023)—checklist This Checklist provides guidance on the key points to consider under the extended fixed recoverable costs (FRC) regime. The extended FRC regime applies to most civil cases that are issued on or after 1 October 2023 where the value of the claim does not exceed £100,000. Generally speaking, cases that come within the FRC regime with a value not exceeding £25,000 will be allocated to the fast track (FT) and cases with a value exceeding £25,000 but no more than £100,000 will be allocated to the multi-track (MT). However, it should be noted that claim value is not the only factor that is taken into account at the allocation stage as the court will consider other factors, which are set out under CPR 26.13 such as the likely complexity of the facts, law or evidence as well as the number of parties or likely parties to the claim. Consideration Guidance Further information Cases that come within the FRC regime FRC...

Discover our 5 Checklists on Disbursements

Information on costs—new clients 2011 [Archived]

You must treat clients fairly and ensure you achieve this outcome in all your dealings regarding costs. This practice note explains the regulatory requirements that you must comply with in relation to providing costs information to your client, particularly when taking on new clients. It also summarises requirements that apply under the SRA's Transparency Rules.This Practice Note reflects requirements under the 2011 SRA Handbook. Practice Note: Information on costs—law firms reflects the SRA Codes of Conduct 2019. The requirements in the 2019 Codes represent the bare bones of those in the 2011 Code, as shown in Practice Note: Information on costs—SRA 2011 regime and SRA 2019 regime compared [Archived]. However, the pared-down requirements in the 2019 Codes do not signify a relaxation of the SRA’s expectations. Generally, the omitted items in the Codes can be mapped across to one or more obligation in the SRA Principles 2019.Costs information requirementsYou must treat clients fairly and ensure you achieve this outcome in all your dealings regarding costs.Amount of costsFailure to provide adequate...

Stages of the mediation

Stages of the mediation This Practice Note sets out the key stages of the mediation process, including pre-mediation meetings with the client and mediator, joint sessions with all parties, opening presentations, private meetings during the mediation, possible settlement at the mediation and issues arising after the mediation. Before the mediation For information on practical arrangements for the mediation, such as arranging the venue, timing and attendees, see Practice Note: Organising a mediation. Pre-mediation meetings—lawyer and client It is best practice for you to meet with the client(s), and where appropriate for counsel or experts to meet, before the mediation to agree tactics and the role each attendee should have at the mediation, though this may have to be flexible depending on how the mediation progresses. It is sometimes helpful if the client will take on a leading role in the mediation and make the opening presentations as it can be more persuasive than the lawyers making them and it can feel more natural. It is frequently the case...

Discover our 24 Practice Notes on Disbursements

Witness statement by solicitor in support of application for order that firm ceases to act

Witness statement by solicitor in support of application for order that firm ceases to act [Case number] In the Family Court Sitting at [place] [In the matter of [state the statute(s), European Regulation(s) or Protocol under which application is brought]] [And in the matter of [eg name(s), date of birth and gender of child(ren)]] Parties [insert name] Applicant And [insert name] [First] Respondent [And [insert name] Second respondent (by their litigation friend/guardian) I, [insert name] of [insert address], Solicitor of the Senior Courts of England and Wales, state as follows: • I am a partner in the firm of [insert name] of [insert address] and have conduct of these proceedings on behalf of the [applicant OR respondent]. • The application for [ insert as appropriate ] is due to be heard by this court on [insert date] [or as appropriate state next relevant steps to be taken in the proceedings]. • As at [insert date], there are costs and disbursements due to my firm of...

Letter of instruction to a single joint expert in financial remedy proceedings

Letter of instruction to a single joint expert in financial remedy proceedings 1 Introduction This is a letter of instruction to you to act as a single joint expert in financial remedy proceedings relating to divorce proceedings between [client’s full name] and [spouse’s full name]. You are being instructed jointly by [lead firm preparing letter] who act on behalf of [client’s full name] and [name and address of spouse’s solicitors], [telephone number and email of spouse’s solicitors] on behalf of [spouse’s full name], but on the basis that you will provide an expert opinion independent of each of them. At the first appointment on [date of first appointment], District Judge [name] sitting at the Family Court at [location] made the following order [insert exact wording from order]. The scope of your instructions is set out in the order dated [date of first appointment order] and in this letter. 2 Arrangements for preparing the report Should you need to discuss the report, either on a preliminary basis...

Dive into our 69 Precedents related to Disbursements

If a solicitor agrees to charge a fixed fee for a piece of work but then does not carry out all the work which was envisaged in the original engagement letter, is he/she still entitled to charge the full fixed fee or is he only entitled to charge for the work actually carried out?

If a solicitor agrees to charge a fixed fee for a piece of work but then does not carry out all the work which was envisaged in the original engagement letter, is he/she still entitled to charge the full fixed fee or is he only entitled to charge for the work actually carried out? Where a solicitor and client have a fixed fee engagement but not all work set out in the engagement is completed, the solicitor’s right to charge fees will depend on the specific terms of the engagement and any other terms of business. For example, the terms of engagement may include an abortive fees clause (ie where the solicitor is entitled to charge certain fees if the client terminates the engagement) or a clause specifying how fees will be calculated where there is partial completion of the engagement. It will also be important to consider whether or not payment of the fixed fee is dependent on completion of the engagement or not. See the...

What guidance is there regarding what would or would not be reasonable when appointing experts?

What guidance is there regarding what would or would not be reasonable when appointing experts? For comprehensive guidance on choosing an expert, see Practice Notes: • Choosing an expert witness • Expert evidence—general considerations In addition, see Practice Note: Applying for permission to adduce expert evidence refers to CPR 35.4 which sets out the requirement to provide a costs estimate when applying for permission for the expert evidence. Paragraph 16 of the Civil Justice Council's Guidance for the instruction of experts in civil claims provides that before experts are instructed or the court’s permission to appoint named experts is sought, it should be established whether the experts: • have the appropriate expertise and experience for the particular instruction • are familiar with the general duties of an expert • can produce a report, deal with questions and have discussions with other experts within a reasonable time, and at a cost proportionate to the matters in issue • are available to attend the

See the 3 Q&As about Disbursements