Dr. Brian Doherty:

To go back to the section 150 notices that have come in since 7 October, the onus is now on legal practitioners to set out in clear and straightforward terms all and any possible costs that will be incurred during the course of legal proceedings. It is no longer just a once-off responsibility. If circumstances change, then that has to be reflected in further notices to the consumer, and if there is a failure to do so, then the legal costs adjudicator can disallow some of those costs. A complaint can be made to us about such issues. There are, therefore, protections within the new regimen to explain not just the costs that have been incurred but any potential for costs, and there is a responsibility on the legal practitioner to provide an explanation should there be an event that may increase the risk of costs.