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 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.

Cost budget

What - right now - amounts to a good reason for departing from a cost budget for the receiving party and the paying party?

Answered by: Alexander Hutton QC

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

Incurred costs

What is the latest judicial thinking on incurred costs, particularly delays between budget preparation and listing of CCMC?

Answered by: Master Jason Rowley

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

Indemnity costs

How far can you push the court over indemnity costs following the spate of recent cases?

How do indemnity costs impact a CMO?

Answered by: Jamie Carpenter QC

Jamie is "brilliant at taking the law and distilling it into something very pragmatic." He acted in King v Corp of London over the construction of CPR Part 36.

Ho v Adelekun

How will market practice change over QOCS, following the Supreme Court's decision in Ho v Adelekun?

Is there any more wriggle room?

Answered by: Roger Mallalieu QC

Roger acted in the Supreme Court in Ho v Adelekun over QOCS and set-off of costs. "A master in his field, thinking of all things from all angles, and immensely likeable."

Precedent T

How strictly will the court apply sanctions at assessment for not updating the new Prec T and budget variation procedure?

What are the workarounds?

Answered by: Judith Ayling QC

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.

Retainers

Drawing on recent cases, where are the vulnerabilities in retainers, including CFAs, CFA lite or DBAs?

How enforceable are they, and when do they become void?

Answered by: Shaman Kapoor

Shaman is "one of the best costs juniors out there - absolutely at the cutting edge - a real fighter." He acted in Wedlake Bell v Lord Magan over the solicitor-client retainer.

Part 36

What is realistic and achievable over Part 36 offers and costs, e.g. suspension of interest, out of time offers, the costs of detailed assessment?

Answered by: PJ Kirby QC

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