In this piece, I look at the signature requirements of solicitors’ bills both in relation to between the parties’ costs assessment, and solicitor and own client costs assessments.
Signature requirements in solicitors’ bills of costs
The recent decision in Maranello Rosso Ltd v Lohomij BV and others affirms the applicability of the normal principles of construction to the interpretation of contractual releases and, crucially, indicates that the lack of express wording referring to claims based on fraud or dishonesty will not prevent the release of such claims. The wide-ranging and comprehensive language in the settlement agreement reflected the intention of the parties to leave no loopholes.
The shift from “without prejudice” communications to “open” communications: Jones v Lydon
The High Court decision in Jones and another v Lydon and others reminds us of the importance of providing a clear indication of when there is to be a shift from without prejudice (WP) communications to open communications, should a party wish to rely upon open communication at a later point. Failure to do so could result in WP protection being applied to communication that is not marked WP, a recipient’s non-response or silence.