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: Master Colin Campbell

Colin sits as a Deputy Costs Judge at the Senior Courts Costs Office. He sat as a Costs Judge from 1996 to 2015 and served as Costs Officer of the UKSC and of the Judicial Committee of the Privy Council.

Proportionality

What is the “appropriate approach” to the proportionality test following the Court of Appeal's decision in West v Stockport NHS Foundation Trust?

Answered by: Roger Mallalieu QC

Roger is "quite simply the best junior counsel for costs." "He's superb. A master in his field, thinking of all things from all angles." He acted in West v Stockport NHS Foundation Trust.

Incurred costs

What are the ramifications of changes to Practice Direction 3E, the cut off between incurred and budgeted costs?

What are the work-arounds?

Answered by: Judith Ayling of 39 Essex Chambers

Judith is "one of the best-known names for costs: an outstanding performer." She acted in the solicitor-client dispute Howard Kennedy v Dalia El-Demellawy.

Chapelgate decision

How reliable is the Arkin cap generally, since the Court of Appeal dis-applied it in Chapelgate Credit v Money [2020] EWCA?

How can litigation funders limit an their adverse costs exposure?

Answered by: Professor Rachael Mulheron

Rachael prepared the 2019 redrafted version of the regulations governing DBAs along with Nick Bacon QC. She chaired the CJC’s Civil Litigation Review Working Party in 2015.

Taxing times at the SCCO

How has the SCCO changed because of lock-down?

What's worked and not, and what might happen going forward?

Answered by: Master Jason Rowley

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

Cost budgeting

In light of Barts Health v Salmon, what - right now - amounts to a good reason for departing from a cost budget for the receiving party and the paying party?

Answered by: Jamie Carpenter QC

Jamie acted in Supreme Court in Gavin Edmondson Solicitors Ltd v Haven Insurance. “He takes the law and distils it into something very pragmatic."

Part 36 offers

How is the Court responding to the injustice test and the power to allow a partial award that enhances the effectiveness of a part 36 offer?

Answered by: Alexander Hutton QC

Alexander has "phenomenal command of costs law," matching it with "the sharpest intellect around." He chaired the Hutton Committee on the E-Bill and acted in Barts Health v Salmon.

Electronic bills

Despite the controversy and hullabaloo, how is the E-bill working on provisional and detailed assessment?

What is best practice for points of dispute, replies, lodging paperwork before and during the assessment?

Answered 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.

Solicitor-client disputes

What unresolved issues remain - both legal and practical - over the termination of a CFA following the spate of recent cases including Roman v AXA and Walsh v Greystone Financial Services?

Answered by: Shaman Kapoor of 39 Essex Chambers

Shaman appeared in Wedlake Bell v Lord Magan of Castletown over the retainer. He is clear and to the point; his advice is always solution-focused and he knows costs law inside out."