Where a solicitor has written off significant amounts of costs, the indemnity principle requires that gross sum costs orders be calculated by reference to amounts actually invoiced to the client, not the full value of work performed. The discount typically applied in gross sum costs assessments (10-30%) may be reduced to the lower end of the range where the solicitor's invoices already reflect significant discounting. Funds held in Court as security for costs may be applied to satisfy costs orders in priority to payment to the party who would otherwise be entitled to those funds.
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