What describes the process to void a costs agreement if it is not fair or reasonable?

• A. A process to set aside a costs agreement if it is not fair or reasonable, and may include orders about payment of costs.
• B. A rule to always enforce the original costs agreement.
• C. A rule to automatically reduce the amount payable.
• D. A rule to void the case.

Answer: (A)

The key idea is that there is a formal route to challenge a costs agreement when it isn’t fair or reasonable. If a court or the appropriate authority finds the terms of the agreement unfair, it can set the agreement aside (and in some cases vary its terms). In doing so, it may also make orders about who pays costs or adjust the financial outcome. This safeguards clients from bearing unreasonable fees and ensures that costs are aligned with what’s fair for the work done.

It isn’t about automatically enforcing the original terms, automatically reducing amounts without a decision, or voiding the whole case. The remedy is a controlled process to set aside or modify the costs agreement and any resulting costs orders.