Costs disputes frequently involve having to look at a solicitor’s retainer and deciding what it means so as to determine whether or not a costs claim offends the much maligned but still alive indemnity principle. Many practitioners and judges thought that Arnold v Britton was the last word and that it reflected a move away from what might be termed a “liberal” approach to contractual interpretation (as espoused by Lord Hoffman) to a more “conservative” approach (as espoused by Lord Neuberger). Continue reading
