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  6. Can a bill of costs include unpaid disbursements?

Can a bill of costs include unpaid disbursements?

Can a bill of costs include unpaid disbursements?

Yes. S.67 of the Solicitors Act 1974 states that a solicitor’s bill of costs may include costs payable in discharge of a liability properly incurred by him on behalf of the party to be charged with the bill (including counsel’s fees) notwithstanding that those costs have not been paid before the delivery of the bill to that party; but those costs must be described in the bill as not then paid. 

Any deficiency in that regard can lead to difficulties in relation to these items if they are challenged on a later assessment.

Disclaimer: While every effort has been made to ensure the accuracy of the information in this article, it does not constitute legal advice and cannot be relied upon as such. The Law Society does not accept any responsibility for liabilities arising as a result of reliance upon the information given.

Have you got a practice question? Call the Practice Advice Service on 020 7320 5675 or email practiceadvice@lawsociety.org.uk

The Practice Advice Service is staffed Monday to Friday from 9am to 5pm.

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