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Thorogood Reports
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Thorogood Reports
About Series
All of Thorogood’s Specialist Reports and Briefings available in their latest versions through an annual subscription which can give firm-wide access (with many qualifying for CPD).
Litigation Costs
Spiral bound
December 2001
9781854182418
More details
- Publisher
THO - Published
31st December 2001 - ISBN 9781854182418
- Language English
- Pages 145 pp.
- Size 8.25" x 11.75"
$195.00
The astute practitioner will understand the importance and relevance of costs to the litigation process as a whole and will wish to learn how to turn the myriad of rules to maximum advantage.
This objective forms the basis of Michael Bacon's Special Report. The intention is not to examine the whole practice and procedure relating to costs and their assessment under the Civil Procedures Rules, but rather to explore their effectiveness in practice since their introduction in 1999.
INTRODUCTION
1: FUNDING LITIGATION
The retainer
Law Society Regulations
Charges and billing
Agreements for conducting contentious business
Summary of points to consider
2: OBLIGATIONS OF A SOLICITOR UNDER THE CIVIL PROCEDURE COSTS RULES18
Reporting to the client
Obligations to others
Other obligations between parties
3: COSTS BUDGETING
Requirements
What is an estimate for CPR purposes?
When should an estimate be prepared?
Preparation of estimates
How the courts view estimates
4: RECOVERY OF COSTS
Summary assessments
Summary assessments where an additional liability is claimed
Detailed assessments
5:BILLS OF COSTS
Requirements for the contents of a bill
Items listed in CPD 4.6
What is or is not allowed
Dividing the bill into different parts
6: POINTS TO NOTE FOR THE PAYING PARTY
Summary assessment
General points
Commencement of detailed assessment proceedings
7: OFFERS FOR COSTS
Costs of detailed assessment proceedings
Without prejudice offers for costs
8: COSTS ONLY PROCEEDINGS
What are they?
The procedure
Problems and benefits with costs only proceedings
9: LITIGATION COSTS BETWEEN SOLICITORS AND THEIR CLIENTS
Basis of assessment
Presumption as to unreasonableness
Conditional fee agreements carrying a success fee
CONCLUSION
"Reasonable" costs
Benchmark costs
The pillars of wisdom
APPENDIX
Michael Bacon
Michael Bacon practiced in the commercial world for fifteen years before becoming a Law Costs Draftsman and is now a Legal Costs Consultant with his own practice in East Anglia and London. He is a Fellow of the Association of Law Costs Draftsmen, a Member of the Academy of Experts and a Qualified Mediator. He is a contributor to Greenslade on Costs, The Legal Aid Practice, Personal Injury and Precedents (Sweet & Maxwell), joint author of Bacon and Bacon Assessment of Costs under the CPR (2nd edition, EMIS Professional Publishing) and Joint Editor of Costs Law Reports (EMIS).