Can in-house solicitors conduct litigation on behalf of employers?
As an in-house solicitor, can I conduct litigation on behalf of my employer company? Can I enforce the company's debts owed by third parties?
It is an established principle that in-house solicitors may:
- conduct litigation on behalf of their employer
- recover the in-house solicitor’s costs of doing the legal work, and
- (if they have a right of audience in the relevant court) do the advocacy in court
For further information, see Henderson v Merthyr Tydfil Urban Council [1900] 1 QBD 434.
In this case, the defendant council had claimed legal costs representing the time spent on the case by a solicitor employed as its clerk, who had conducted the litigation.
At first instance, the court had refused to allow the costs, but the council successfully appealed that decision before a High Court judge.
The costs of in-house legal staff should be assessed as if they were in private practice.
For more information, see paragraph 32 of the guide to the summary assessment of costs.
Disclaimer
While every effort has been made to ensure the accuracy of the information in this article, it does not constitute legal advice and cannot be relied upon as such. The Law Society does not accept any responsibility for liabilities arising as a result of reliance upon the information given.
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