Presumption of reasonableness

MacDougall & Others v Boote Edgar Esterkin (SCCO Case No 15 of 2000 12 October 2000 Holland J sitting with Assessors)

CPR 48.8(2) provides that on an assessment of solicitor and client costs on the indemnity basis, costs are to be presumed (a) to have been reasonably incurred if they were incurred with the express or implied approval of the client; (b) to be reasonable in amount if the amount was expressly or impliedly approved by the client; (c) to have been unreasonably incurred if (i) they are of an unusual nature or amount; and (ii) the solicitor did not tell his client that as a result he might not recover all of them from the other party.