Yes. The Guideline Hourly Rates (GHR) are known as the starting point for assessment, not a fixed ceiling on what can be recovered. Courts regularly allow rates above the GHR where the complexity of the matter, the seniority or expertise of the fee earner, or the nature of the work justifies it, but the paying party will always be entitled to challenge an enhanced rate, so it needs to be properly evidenced.

Why the GHR Isn’t a Cap

The leading authority on this point remains Ohpen Operations UK Ltd v Invesco Fund Managers Ltd [2019] EWHC 2504 (TCC), in which Mrs Justice O’Farrell was critical of guideline rates that had fallen well behind real City hourly rates, and allowed the defendant’s costs at rates significantly above the GHR then in force. While the GHR have since been revised, most recently with the 2026 update, the underlying principle from Ohpen still holds: the GHR provide a reference point for the court, not an automatic entitlement or a hard limit.

What Actually Justifies Enhanced Rates

Under CPR 44.4(3), the court considers a range of factors when assessing whether a rate is reasonable and proportionate, beyond simply checking it against the published table. In practice, enhanced rates are most often accepted where:

• The matter involves genuine legal or factual complexity beyond routine work
• The fee earner has particular seniority, specialism, or a track record directly relevant to the case
• The case required urgency or out-of-hours work that a standard rate wouldn’t reflect
• The GHR band for the relevant location doesn’t reflect current local market rates

Simply asserting that a case was “complex” or that a solicitor is “experienced” is unlikely to be enough on its own. The rate needs to be tied to specific, evidenced features of the work actually done; this is where a well-drafted Bill of Costs matters, since it’s the narrative and detail behind the figures that persuades a costs judge, not the rate claimed in isolation.

Where This Comes Up in Practice

Enhanced rates are most commonly argued at detailed assessment rather than summary assessment, where there’s less time for the court to engage with detailed justification. They’re also a frequent point of contention in Points of Dispute, where a paying party will often challenge claimed rates as excessive by reference to the GHR table, even though the table itself isn’t determinative.

Frequently Asked Questions

Can solicitors charge more than the guideline hourly rates?

Yes, a solicitor can charge whatever rate is agreed with their client. The GHR only becomes relevant when costs are assessed by the court, where it’s used as a starting point rather than a binding limit.

What evidence supports a claim for rates above the GHR?

Evidence of the fee earner’s seniority and specialism, the complexity of the matter, and the nature of the work carried out, tied specifically to the case, not asserted generally.

How Greener Costs Can Help

Our team of costs lawyers and costs draftsmen advises on justifying enhanced hourly rates at both summary and detailed assessment, and on responding to Points of Dispute that challenge claimed rates by reference to the GHR.

If you need advice on hourly rates in an active matter, contact Greener Costs today. Call us on 01204 263047 or info@greenercosts.co.uk.