Cancellation Fees

Join Dominic Toomey SC and Michelle Castle to discuss cancellation fees.

Cancellation fees are somewhat controversial, being described by one judge as “fees for work not done”. What is the legal status of cancellation fees?  Are they legal costs at all?  Are barristers permitted to charge them under the Legal Profession Uniform Law?  Can an uplift be charged on cancellation fees in a conditional costs agreement?

This seminar traces the history and development of cancellation fees through decided cases and academic commentary and provides guidance as to:

1. Compliance with the Uniform Law where cancellation fees are to be charged;
2. Whether a cancellation fee is ‘fair and reasonable’ and if so, to what extent?
3. Issues with cancellation fees in a direct access brief;
4. Whether cancellation fees are recoverable under an order for costs on the ordinary basis;
5. Whether cancellation fees are recoverable under an order for costs on the indemnity basis;
6. What do your solicitors need to know?