A solicitor whose retainer has been ratified by the principal cannot be ordered to pay costs personally on the basis that the retainer was originally unauthorised, even if the solicitor subsequently acts contrary to instructions. The remedy for a third party in such circumstances lies against the client, not the solicitor personally. The cases permitting costs orders against solicitors (Hillig, Hawksford, Yonge v Toynbee) are confined to situations where the solicitor acted without any retainer at all. Where directors of a company sign minutes agreeing to keep proceedings on foot and continue with a solicitor, this constitutes unequivocal ratification of the solicitor's retainer with retrospective effect.
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