In Cuthbert v Gair (t/a Bowes Manor Equestrian Centre – Butterworths Law Direct 4.10.08 the Supreme Court costs office held that costs incurred in respect of pre-action work undertaken by loss adjusters, when no solicitors had been instructed, could not be recovered as a disbursement as the work would normally have been carried out by the solicitors. The adjuster's fees after the instruction of a solicitor could not be recovered as there had been no formal agency agreement between the eventual solicitors in the case and the adjusters.