Indemnity principle

Bulmer v Owlett and another ChD RCJ 17 May

Where solicitors go on the record for a party there is a prima facie inference on the balance of probabilities that there exists a relationship whereby the solicitors can look to the party for payment of their costs. It is for the paying party to prove otherwise. The presumption in favour of the paying party in CPR rule 44.4(2)(b) applies only to questions of reasonableness and proportionality and not to the issue of the existence or otherwise of the retainer.