The law regulating civil costs has undergone a transformation over the past 10 years following the introduction of the CPR and the abolition of legal aid for most areas of civil litigation. The result is a complex regime of primary and secondary legislation, common law and professional conduct rules. Civil Costs: Law and Practice is an authoritative and comprehensive new work covering all aspects of civil costs coupled with practical applications, detailed references and precedents. The work includes the text of relevant statutes, rules and cases, as well as references to many authorities difficult to find elsewhere. The result is a valuable reference work which provides a one-stop-shop for the law governing civil costs. Civil Costs: Law and Practice is essential reading for all civil litigators (especially costs lawyers), costs draftsmen, solicitors with management responsibilities and the judiciary. CONTENTS INTRODUCTION The history of costs The language of costs The status of the rules governing costs THE LAW OF COSTS The nature of costs Orders for costs Retainers Errors in retainers The Indemnity Principle Agency Joint and several liability The Bases of Assessment Acceptance of Part 36 Offers and "beating" defendant's Part 36 Offers Proportionality Costs capping Limitation, delay and costs THE PRACTICE OF COSTS (SOLICITOR AND CLIENT) Invoices and Bills Remuneration certificates Suing for recovery of costs Obtaining an order for assessment Turner & Co v Palomo quantifications Solicitors' security: Lien, charging orders, etc THE PRACTICE OF COSTS (BETWEEN THE PARTIES) Summary of the assessment process Commencement When to commence the assessment Venue for detailed assessment Defects in the Bill of Costs Sanction for delay in commencing proceedings and "unless orders" Replies Offers to settle Sanction for delay in requesting a hearing Liability for costs of detailed assessment proceedings Interim costs certificates and interim payment Final costs certificates Election Appeals Summary assessments THE QUANTUM OF COSTS (SOLICITOR AND CLIENT) The basis of assessment Hourly rates The value element Time generally Disbursements Solicitor and client VAT THE QUANTUM OF COSTS (BETWEEN THE PARTIES) Estimates of costs Apportionment Conduct Hourly rates "Solicitor and client" work Additional liability Disbursements Counsel's fees The costs of checking the bill Costs draftsmen's fees Fixed commencement costs Fixed recoverable costs Fixed percentage increases and success fee Fixed fast track trial costs VAT Interest as between the parties COSTS (SPECIAL CASES) Non-parties (third parties) Costs payable pursuant to contract Trustees Children and patients Litigants in person Group litigation MISCELLANEOUS ISSUES Representation and rights of audience Security for costs Arbitration Misconduct Tribunals other than civil courts Precedents Include Certificate in accordance with CPD article 20.6 Statement in compliance with CPD article 32.
5 Points of Dispute and Replies Statement concerning indemnity principle Statement requesting relief from sanctions Particulars of Claim for unpaid solicitors' fees Particulars of Claim for unpaid costs draftsmen's fees Defence to claim for unpaid solicitors' fees and counterclaim for an assessment Part 18 Requests for further details in respect of additional liability.