Bentine v Bentine [2013] EWHC 3098 (Ch)

Wills & Trusts Law Reports | March 2014 #137

This appeal concerned the one-fifths rule contained in s70 of the Solicitors Act 1974. That rule provides that if a solicitor’s costs bill is reduced by more than one-fifth at detailed assessment, the costs of that assessment will be borne by that solicitor. If there are special circumstances, the rule may be disapplied under s70 (10) of the Act.

The original action was a claim issued in the Central London County Court by a mother against her daughter, Miss Bentine, for the court to determine their respective equitable interests in certai...