KA-2023-000225 - [2025] EWHC 1605 (KB)

The appeal arises from detailed assessment proceedings conducted in the Senior Courts Costs Office under section 70 of the Solicitors Act 1974 and CPR 67. These proceedings were initiated by the Appellant, the former client of the Respondent, a firm of solicitors, following the delivery of a statutory bill by the Respondent on 11 March 2022 in respect of legal work undertaken on his behalf. The bill covered charges for base costs and a success fee, limited to a total sum inclusive of VAT.

The abbreviation 'SOCA' stands for 'solicitor own client costs assessment'. A SOCA is initiated by an application to the Court. The primary focus of a SOCA is the assessment of the solicitor's bill of costs, which includes their professional fees ('profit costs') and disbursements. The assessment process involves the Court scrutinising the bill to determine whether the costs were reasonably incurred and are reasonable in amount. This may involve considering factors such as the complexity of the work, the time spent, and the rates charged.

The powers of the Costs Judge in a SOCA extend to case management decisions, such as ordering the provision of further information or clarification. However, the jurisdiction of the costs judge is primarily focused on the assessment of the bill and associated cash account.

The Civil Procedure Rules (CPR) Part 46 and Part 67 govern the procedure for solicitor and client costs assessments. CPR 67.3 mandates the use of a Part 8 claim form to initiate a SOCA in the High Court. There is then generally a directions hearing when issues, including whether there should be an assessment under section 70, are decided and directions given.

The outcome of a SOCA is a certification by the Costs Officer of the amount due to or from the solicitor in respect of the assessed bill and the costs of the assessment itself. This certified amount forms the basis for any final order for payment between the parties. The process is designed to provide a mechanism for clients to challenge the fees charged by their solicitors and ensure that those fees are reasonable.

As part of the certification of what is due the Costs Officer, is also required to consider the solicitor's cash account.