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

Chair’s Introduction

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

Chaired by: Master Colin Campbell

Colin sits as a Deputy Costs Judge at the SCCO. He sat as a Costs Judge from 1996 to 2015 and served as a costs officer of the UKSC and the Judicial Committee of the Privy Council.

Hybrid DBAs

In the spotlight of Lexlaw v Zuberi, should solicitors be considering hybrid DBAs for clients?

How will market practice change?

Answered by: Alexander Hutton QC of Hailsham Chambers

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.

Part 36 offers

How far can you push the Court over Part 36 offers and costs, e.g. the costs of detailed assessment, suspension of interest, out of time offers?

Answered by: Judith Ayling QC of 39 Essex Chambers

Judith is "one of the best-known names for costs - ridiculously clever - an outstanding performer and advocate." She appeared in UK Trucks Claim v Fiat Chrysler Automobile.

Budget variations

How do you make tactical use of the new Prec T and budget variation procedure, and how will it influence your "good reasons" argument at assessment?

Answered by: Roger Mallalieu QC of 4 New Square

Roger "has long been considered the best junior in the costs field and now may equally lay claim to the title as QC." "A master in his field, thinking of all things from all angles."

Proportionality

The expansion of proportionality so that it covers the vulnerability of parties and witnesses - new and important innovation or damp squib?

Answered by: Jamie Carpenter QC of Hailsham Chambers

Jamie is "technically brilliant - he takes the law and distils it into something very pragmatic." He acted in the Supreme Court in Gavin Edmondson Solicitors v Haven Insurance.

Going forward

How has the SCCO changed because of lockdown?

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'.

Hourly rates

What do the trends show over hourly rates and why are they so significant for practice?

Answered by: David Marshall of Anthony Gold

David is a member of the Hourly Rates Working Group and the CJC's Costs & Funding sub-committee. He advised Jackson LJ on his Review of Fixed Recoverable Costs.

Incurred costs

Given the inconsistency in approach, at what point - legally and practically - should a party update costs from estimated to incurred ahead of a CMC/CCMC?

Answered by: District Judge Ian Besford

Ian has been the Regional Costs Judge for the North East since 2005. Before that he was principal of a cost drafting firm.

Solicitor/client

How has Belsner v Cam changed existing thinking on solicitor/own client disputes?

Can you apply the same argument to CPR 46.9(3)(c)?

Answered by: PJ Kirby QC of Hardwicke

PJ acted in the Belsner v Cam Legal Services [2020]. He is “incredibly clued up, owns the room, takes control and provides comfort and confidence to the client."

Strategy

How do you gain a strategic advantage for your client when commencing, defending and resolving costs actions?

Answered by: Shaman Kapoor of 39 Essex Chambers

Shaman is "absolutely at the cutting edge." "One of the most commercially savvy barristers one can find." He acted in Wedlake Bell v Lord Magan over the solicitor-client retainer.