Costs, Jackson, LASPO: Shaping the Rules into Solution-Focused Answers for Practitioners

Thu 26 April 2018

The Caledonian Club 9 Halkin Street London SW1X 7DR

Answers to 22 Thorny Questions: Directly from 4 Costs Judges, 2 Costs Counsel and 2 Managing Partners

5 hrs CPD

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  1. Registration and coffee

  2. Chairman's Introduction

    Costs, Jackson, LASPO: Shaping the Rules into Solution-Focused Answers for Practitioners

    Chaired by: Master Colin Campbell

    Colin is a former Costs Judge of the RCJ and Costs Officer of the UKSC. He is contributor to the Green Book, joint editor of Costs Law Reports and general editor of Greenslade on Costs.

  3. Settling before trial

    What do you do when you have a costs budget and your case settles before trial?

    Do you draft the bill and leave the argument to the DAH, as to whether or not you've stuck to the budget phase figures?

    Or do you quote Harrison et al and keep it brief?

    Answered by: Master Peter Haworth

    Peter is a Costs Judge at the Senior Courts Costs Office. He was appointed in 2006. Before that he was a solicitor in private practice for 32 years.

  4. Proportionality

    Drawing on the BNM appeal, is the Court's approach to proportionality too harsh?

    Can it consider conduct?

    Does "necessity" still hold as an argument?

    Answered by: Sarah Lambert QC of 1 Crown Office Row

    Sarah is a "brilliant costs advocate." She sits as a Deputy Costs Judge of the Senior Courts. She acted in the leap-frogged appeal of J C and A in which the Court interpreted the fixed costs provisions.

  5. Morning coffee

  6. Increasing budgets

    What is a significant development for the purposes of getting a costs budget increased, with reference to the Harrison litigation?

    Do you apply to increase prior to conclusion on the grounds of significant development, or wait and take your chances at assessment to seek an increase for “good reason”?

    Answered by: Roger Mallalieu of 4 New Square

    Roger is "the best junior counsel in the field of 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."

  7. CMC hearings

    Why is virtually every budget argued over at the CMC?

    Is the CMC the only opportunity to reduce costs?

    Is CPR 3.18 preventing the cost control?

    How do you agree more budgets?

    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.

  8. Over-run

  9. Lunch

  10. New e-bill

    How is the e-bill going to work in the court and your office?

    How will it be managed at detailed assessment?

    What information will be obligatory?

    How will it mesh with the pre-April paper billing?

    Answered by: Debbie Burke of Attain Costs Management

    Debbie is a member of the Jackson Implementation Committee on the electronic bill of costs. She is a Recipient of the ACL “Chairman’s Cup” in recognition of her services to the Association.

  11. SCCO, mediation, P36

    How does mediation fit in now that part 36 unequivocally applies to costs assessments?

    What are the options?

    Does any route deliver a more certain outcome?

    Answered by: Shaman Kapoor of Temple Garden Chambers

    Shaman is "absolutely brilliant;" "pragmatic, tough, enthusiastic and efficient." He is a past contributing editor to "Greenslade on Costs," current editor of TGC Costs Newsletter and has acted in Coventry v Lawrence and Murrells v Cambridge University NHS Foundation Trust in recent times.

  12. Fixed Recoverable Costs

    Tactically, how will practitioners get the best results for clients out of the FRC regime?

    Which band applies?

    When can a case change bands?

    What if there is an admission of liability?

    Answered by: Iain Stark of Weightmans

    Known for his capacity to solve disputes via innovative solutions outside the normal ambit of Legal Costs. Iain was appointed to advise Lord Justice Jackson on his Review of Fixed Recoverable Costs and is Chairman of the Association of Costs Lawyers.

  13. Over-run

  14. Close of Conference

** All speaker quotes are taken from Chambers Directory, Who's Who Legal and Legal 500