The Solicitor Client bill is the Total Bill for all services rendered, outlays incurred etc. This is always addressed to the client even if an Insurance Company have subrogated the case.
The Party/Party bill is a payment that may be made by the other side towards part payment of the Solicitor Client bill. (In effect, a contribution). The use of Solicitor Client bill to mean the difference between the two bills distinguished above is erroneous and misleading because the client is always responsible for costs with other side only being asked to contribute.
The origin of the misuse comes from the time when it was not uncommon to remove part of a clients settlement as an additional fee.
The Solicitor Client bill should be done first. Most of it will be accepted for the purposes of Party/ Party costs but some will inevitably not be so acceptable. (Town agents fees, additional visits to barristers etc (the luxury of payment as the Taxing master has said)).
While this unpaid balance will have to be charged to the client it does not constitute anything other than a second contribution to the Solicitor Client Bill.
It is not appropriate to deduct these monies from the clients settlement cheque without his previous written approval which has been given on the basis of an estimate of costs.
With respect to the party/party fee. This is usually what will survive taxation.
Conference 2007 Information is here.
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