Legal Profession, England And Wales Citation, commencement and revocation 1 1 This Order may be cited as the Solicitors’ (Non-Contentious Business) Remuneration Order 2009. 2 This Order comes into force on 11th August 2009 and applies to all non-contentious business for which bills are delivered on or after that date. 3 The Solicitors’ (Non-Contentious Business) Remuneration Order 1994 is revoked except in its application to non-contentious business for which bills are delivered before this Order comes into force. Interpretation 2 In this Order— “client” means the client of a solicitor; “costs” means the amount charged in a solicitor’s bill, exclusive of disbursements and value added tax, in respect of non-contentious business; “entitled person” means a client or an entitled third party; “entitled third party” means a residuary beneficiary absolutely and immediately (and not contingently) entitled to an inheritance, where a solicitor has charged the estate for his professional costs for acting in the administration of the estate and the only personal representatives are— solicitors (whether or not acting in a professional capacity); solicitors acting jointly with partners, managers or employees in a professional capacity; employees of a solicitor sole practitioner acting in that capacity; or managers or employees of a recognised body or a licensed body acting in that capacity; “licensed body” means a body which holds a licence issued by the Law Society which is in force under Part 5 of the Legal Services Act 2007; “manager” has the same meaning as in the Legal Services Act 2007 (see section 207 of that Act); “ombudsman” has the same meaning as in the Legal Services Act 2007 (see section 122(5) of that Act); “paid disbursements” means disbursements already paid by the solicitor; “recognised body” means a body recognised by the Law Society under section 9 of the Administration of Justice Act 1985 ; “registered European lawyer” means a registered European lawyer within the meaning of the European Communities (Lawyer’s Practice) Regulations 2000 , as those Regulations have effect by virtue of regulation 6 of the Services of Lawyers and Lawyer’s Practice (Revocation etc.) (EU Exit) Regulations 2020, who is registered with the Law Society; “residuary beneficiary” includes a person entitled to all or part of the residue of an intestate estate; and “solicitor” includes a registered European lawyer , a recognised body and a licensed body . Solicitors’ costs 3 A solicitor’s costs must be fair and reasonable having regard to all the circumstances of the case and in particular to— a the complexity of the matter or the difficulty or novelty of the questions raised; b the skill, labour, specialised knowledge and responsibility involved; c the time spent on the business; d the number and importance of the documents prepared or considered, without regard to length; e the place where and the circumstances in which the business or any part of the business is transacted; f the amount or value of any money or property involved; g whether any land involved is registered land within the meaning of the Land Registration Act 2002; h the importance of the matter to the client; and i the approval (express or implied) of the entitled person or the express approval of the testator to— i the solicitor undertaking all or any part of the work giving rise to the costs; or ii the amount of the costs. Security for costs 4 A solicitor may take from his client security for the payment of any costs, including the amount of any interest to which the solicitor may become entitled under article 5. Interest 5 1 A solicitor may charge interest on the unpaid amount of his costs plus any paid disbursements and value added tax, subject to the remainder of this article. 2 Where an entitlement to interest arises under paragraph (1), and subject to any agreement made between a solicitor and client, the period for which interest may be charged runs from one month after the date of delivery of a bill. 3 Subject to any agreement made between a solicitor and client, the rate of interest must not exceed the rate for the time being payable on judgment debts. 4 Interest charged under this article must be calculated, where applicable, by reference to— a the amount specified in a determination of costs by the Law Society under Schedule 1A to the Solicitors Act 1974; aa the fees specified in a direction made by the ombudsman under section 137(2)(b)(i) of the Legal Services Act 2007; or b the amount ascertained on assessment if an application has been made for the bill to be assessed . Judge, C.J. Sir Anthony Clarke, M.R. Paul Marsh John Perry Peter Collis Jack Straw Lord Chancellor