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Where is it provided that it is indemnity costs to the party winning the costs of assessment? The *solicitor's* bill that is being criticised is assessed in the indemnity basis in favour of the solicitor, but surely the costs of assessment are standard basis?

Also NB it is 25% of the invoice in question, not of just the element under challenge.

Furthermore, I would think the solicitor is in much better position when it comes to costs of assessment. This is not specialist work at all in my view. It is arguably a bit technical to get over the hurdle of actually getting an order for assessment, but drafting Points of Dispute - especially where the PODs are the same in each case is not justifying enhanced rates.

Further-furthermore, given the content of the claimant firm's website, I would think the claimant solicitors' firm is on hook for a third party costs order if the case is lost.

Finally, I second the comment below about using the excellent Kerry Underwood system of retainers. I would not second the use of Law Society standard CFAs though, as they are absolute drivel.

And final-finally(!) what about use of a Contentious Business Agreement for the CFA rather than a standard retainer?

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