Section 70 of the Solicitors Act 1974 gives a client the right to have their solicitor’s bill formally assessed by the court, but that right is subject to strict time limits. A client generally has one month from delivery of the bill to apply as of right, up to 12 months to apply with the court’s permission, and beyond that, an application will usually only succeed if special circumstances can be shown. Understanding which of these time limits applies, and to whom, is often the first question that needs answering before a solicitor-client costs dispute can proceed at all.

This article focuses on the mechanics of who can bring a section 70 application and the deadlines that govern it, rather than the consequences of the assessment itself once it’s underway.

Who Is the “Party Chargeable”?

Section 70 refers throughout to the “party chargeable with the bill.” This is generally the client, or whoever is contractually liable to pay the solicitors’ costs, though it can extend to a third party who has agreed to be responsible for another person’s legal costs. Understanding who counts as the party chargeable matters because the time limits in Section 70(3) apply specifically to applications made by that party, rather than to the solicitor.

A solicitor can also apply for an assessment of their own bill, and the mechanics for a solicitor-initiated application differ somewhat from those facing the party chargeable, since the strict time bars in section 70(3) and 70(4) are aimed principally at protecting solicitors from stale challenges, not at restricting a solicitor’s own ability to seek assessment.

The One-Month Right to Assessment

Under section 70(1), a client who applies for assessment within one month of delivery of the bill is generally entitled to an order for assessment as of right. The court has very limited discretion to refuse in these circumstances, reflecting the fact that a challenge brought promptly after the bill’s delivery is treated as the ordinary, expected route for a client who disputes the charges.

Between One and 12 Months: The Court’s General Discretion

Where the application is made after the first month has passed, but still within 12 months from the delivery of the bill, section 70(2) applies. The client no longer has an automatic right to assessment, but the court retains a general discretion and may order assessment on such terms as it considers appropriate. In practice, the court will usually still be willing to order assessment within this window, though it has more scope to attach terms, for example, requiring the client to pay money into court, than it does for an application made within the first month.

After 12 Months, or Following Payment or Judgment: Special Circumstances

Section 70(3) of the Solicitors Act 1974 sets out three specific situations in which the court will not order assessment unless the client can demonstrate special circumstances:

• Where the application is made after the expiration of 12 months from the delivery of the bill
• Where a judgment has been obtained for the recovery of the costs covered by the bill
• Where the bill has been paid, but the application is made before the expiration of 12 months from the payment of the bill

In any of these situations, the general entitlement to assessment falls away, and the client bears the burden of showing that special circumstances justify the court exercising its discretion in their favour. There is no exhaustive definition of what constitutes special circumstances; the courts have generally treated it as a fact-specific question, assessed on the particular history of the retainer and the billing relationship between solicitor and client. Factors that have been considered relevant in reported decisions include the complexity of the fee arrangement, whether the client was given adequate cost estimates or updates during the matter, and whether there was a reasonable explanation for the delay in challenging the bill.

It’s worth noting that section 70(3) is engaged by judgment having been obtained for the costs, not simply by proceedings having been issued, and that a bill “paid” for these purposes generally means paid in full; a payment on account Is not typically treated as payment of the bill for the purposes of the time limits.

The Absolute 12-Month Bar After Payment

Section 70(4) goes further still. Once 12 months have passed from the payment of the bill, the court has no power at all to order an assessment on an application by the party chargeable, regardless of any special circumstances that might otherwise be argued. This is a hard statutory limit rather than a matter of discretion, and it marks the outer boundary of a client’s ability to challenge a solicitor’s bill under section 70.

Why the Distinction Matters in Practice

These layered time limits mean that the strength of a client’s position can change significantly depending on exactly when an application is made, and what has happened to the bill in the meantime. A client who acts within a month of delivery is in the strongest position. A client who waits longer, but still applies within 12 months of delivery, generally retains realistic prospects of assessment. Once judgment has been obtained on the bill, or once 12 months have passed since delivery or payment, the client’s position weakens considerably, and the case will typically turn on whether special circumstances can genuinely be established.

For solicitors and costs draftsmen advising on these disputes, correctly identifying which subsection applies is usually the first step, since it dictates the burden the client will need to meet before the matter can proceed to a detailed assessment on the substance of the bill.

Frequently Asked Questions

How long does a client have to challenge a solicitor’s bill under section 70?

A client generally has one month from delivery of the bill to apply for assessment as of right, and up to 12 months to apply with the court’s general discretion. After 12 months, after judgment has been obtained or the bill paid, the client will usually need to show special circumstances.

What counts as “special circumstances” under section 70(3)?

There is no fixed definition. The courts generally treat it as a fact-specific question, taking into account matters such as the complexity of the billing arrangement, whether adequate cost estimates were provided, and whether there is a reasonable explanation for the delay in bringing the application.

Can a client ever challenge a bill more than 12 months after paying it?

Generally not. Section 70(4) removes the court’s power to order an assessment on an application by the party chargeable once 12 months have passed from payment of the bill, regardless of the circumstances.

Does partial payment of a bill start the 12-month clock running?

Generally not. A payment on account is typically treated differently from payment of the bill in full for purposes of the time limits in Section 70.

Speak to Greener Costs About a Section 70 Assessment

Identifying whether a client falls within the one-month, 12-month, or special circumstances window under section 70 is often the deciding factor in whether an assessment can proceed at all, and getting it wrong can mean a case never gets off the ground. Greener Costs advises solicitors and costs draftsmen across England and Wales on solicitor-client costs disputes, including the time limits and procedural requirements under section 70 of the Solicitors Act 1974.

Contact Greener Costs on 01204 263047 or info@greenercosts.co.uk to discuss a section 70 matter.