What is a Section 278 Agreement?

A Section 278 Agreement is a legal agreement between a developer and a highway authority to carry out highway works.

Beneficiaries Now Entitled To Challenge Solicitors Bills

The New Change

The Court of Appeal in Kenig v Thompson Snell & Passmore LLP has now decided that third parties (such as beneficiaries) are entitled to challenge the reasonableness of fees which have been approved by executors.

This is in contrast with the previous position as set out in Time Martin Interiors Ltd v Akin Gump LLP, in which it was held that third parties are not entitled to challenge the reasonableness of the approved solicitors’ bills.

What Does this Mean

This judgment is likely to be welcomed by beneficiaries who may have felt “stuck” with solicitors’ bills which have been approved by their executors in the past. Conversely, this judgment is now likely to create additional obligations to executors to scrutinise solicitors’ bills to avoid any challenges from being brought.

How Can we Help

At Wollens, our experienced and highly skilled family law specialists can support and guide you depending on your circumstances. We aim to help you achieve the right outcome for you and your family that allows you to move on as quickly as possible.