The Solicitors' (Non-Contentious Business) Remuneration Order 2009

JurisdictionUK Non-devolved
CitationSI 2009/1931

2009 No. 1931

Legal Profession, England And Wales

The Solicitors’ (Non-Contentious Business) Remuneration Order 2009

Made 16th July 2009

Laid before Parliament 20th July 2009

Coming into force 11th August 2009

The Lord Chancellor, the Lord Chief Justice, the Master of the Rolls, the President of the Law Society, the president of Surrey law society and the Chief Land Registrar (in respect of business done under the Land Registration Act 20021), together constituting the committee authorised to make orders under section 56 of the Solicitors Act 19742, in exercise of the powers conferred on them by that section and having complied with the requirements of section 56(3), make the following Order:

S-1 Citation, commencement and revocation

Citation, commencement and revocation

1.—(1) This Order may be cited as the Solicitors’ (Non-Contentious Business) Remuneration Order 2009.

(2) This Order comes into force on 11th August 2009 and applies to all non-contentious business for which bills are delivered on or after that date.

(3) The Solicitors’ (Non-Contentious Business) Remuneration Order 19943is revoked except in its application to non-contentious business for which bills are delivered before this Order comes into force.

S-2 Interpretation

Interpretation

2. In this Order—

“client” means the client of a solicitor;

“costs” means the amount charged in a solicitor’s bill, exclusive of disbursements and value added tax, in respect of non-contentious business;

“entitled person” means a client or an entitled third party;

“entitled third party” means a residuary beneficiary absolutely and immediately (and not contingently) entitled to an inheritance, where a solicitor has charged the estate for his professional costs for acting in the administration of the estate and the only personal representatives are—

(a) solicitors (whether or not acting in a professional capacity);

(b) solicitors acting jointly with partners, managers or employees in a professional capacity;

(c) employees of a solicitor sole practitioner acting in that capacity; or

(d) managers or employees of a recognised body acting in that capacity;

“manager” has the same meaning as in the Legal Services Act 20074(see section 207 of that Act);

“paid disbursements” means disbursements already paid by the solicitor;

“recognised body” means a body recognised by the Law Society under section 9 of the Administration of Justice Act 19855;

“registered European lawyer” means a registered European lawyer within the meaning of the European Communities (Lawyer’s Practice) Regulations 20006who is registered with the Law Society;

“residuary beneficiary” includes a person entitled to all or part of the residue of an intestate estate; and

“solicitor” includes a registered European lawyer and a recognised body.

S-3 Solicitors’ costs

Solicitors’ costs

3. A solicitor’s costs must be fair and reasonable having regard to all the circumstances of the case and in...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT