Costs Litigation: Shaping New Law into Solution-Focused Answers for Your Clients

Chair's Introduction

Costs litigation: Shaping new law into solution-focused answers for your clients

Chaired by: District Judge Ian Besford

Ian was appointed as District Judge in 1999 and Regional Costs Judge for the North East in 2005. Before that he was a solicitor in private practice and principal of a cost drafting firm.

Costs budgeting

When is a breach “a mere irregularity,” following Page?

How do you approach hourly rates at assessment, following Yirenkyi?

What is the best way to present a revised budget?

Answered by: Alexander Hutton QC

Alexander has "phenomenal command of costs law," matching it with "the sharpest intellect and best advocacy skills around." He chaired the Hutton committee on the new Bill of Costs.

Payment on account

Applying Finnegan v Spiers, where is the wriggle room when arguing for a payment on account of costs (following acceptance of a Part 36 offer)?

Answered by: Nicola Greaney of 39 Essex Street

Nicola is "a very clever barrister" who "provides no-fuss, responsive and pragmatic advice" and "a superlative cross-examiner, with wonderful natural authority."

QOCS

How are you to steer clients through QOCS in the face of judicial inconsistency in recent decisions?

What are your options?

Answered by: Roger Mallalieu of 4 New Square

Roger is "quite simply the best junior counsel for costs." "He's superb. A master in his field." He is co-author of the White Book supplement: "Costs & Funding Following the Civil Justice Reforms."

Incurred costs

How can the paying party get behind the budget by arguing for reductions to incurred costs?

In split trial cost budgets, do you argue for all the costs incurred or just those relating to the split element?

Answered by: David Marshall of Anthony Gold Solicitors

David is a "real powerhouse" for costs. He was appointed to advise Lord Justice Jackson on his Review of Fixed Recoverable Costs and is a member of the CJC's Costs & Funding sub-committee.

Special costs orders

In border-line cases, what tips the balance when arguing for special costs orders: i.e. wasted costs, third party orders and orders for security for costs?

Answered by: Alice Nash of Hailsham Chambers

Alice is one of the UK's go-to costs practitioners: known for her expertise, clarity of thought and fantastic skill. She is widely published and highly sought-after as a commentator.

Proportionality

Is there any hope for clarity on proportionality?

How are you to advise on proportionality?

Is there any new and practical thinking?

Answered by: Master Jason Rowley

Jason is a Costs Judge at the Senior Courts Costs Office. He is co-author of "Cook on Costs."

Fixed costs regime

What are the unresolved practical and legal problems of the fixed costs regime?

When will it be extended?

Where are the challenges coming from?

Answered by: PJ Kirby QC

PJ is acclaimed for his skill in costs cases. "His advice is highly practical and solution-focused." He is a Deputy District Judge and a Bar Council-appointed High Court costs assessor.