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Civil Costs: Law and Practice (New edition)

Our Price: £85.00 
Author(s): Friston, Dr. Mark;
Classification(s): Civil procedure, litigation & dispute resolution;
ISBN-13: 9781846613128
ISBN-10: 1846613124
Publication Date: 30 Sep 2012
Imprint: Jordan Publishing Ltd
Availability: OUT OF PRINT
REPLACED BY: 9781846618437
Free Stock: Out Of Print
Average ratings assigned : 5. Rate this product / View all ratings and comments (1) Ratings / Reviews
Publisher: Jordan Publishing Ltd
Publication Country: United Kingdom
Binding: Paperback
Pages: 1
Dimensions: W: 156 mm / H: 246 mm
Out Of Print
 

Civil Costs: Law and Practice is now well established as an authoritative and comprehensive work covering all aspects of civil costs, coupled with practical applications, detailed references and precedents. In addition the work is supported by 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.

The second edition includes extensive revisions and updates including:

  • new material on Costs issues arising out of the new SRA Code of Conduct 2011
  • a new section on human rights and the law of costs
  • a new section on damages-based agreements
  • a new section on litigation involving public bodies and the Crown
  • a new precedent conditional fee agreement for use by barristers
  • a significantly revised chapter concerning CPR Pt 36, dealing with C v D [2011] EWCA Civ 646 and the new Pt 36

Civil Costs: Law and Practice is essential reading for all civil litigators (especially costs lawyers), costs draftsmen, solicitors with management responsibilities and the judiciary.

Introduction

  • The History of Costs
  • The Language of Costs
  • The Status of the Rules Governing Costs
  • The Court's Powers

The Law of Costs

  • The Nature of Costs
  • Orders for Costs (Jurisdiction and Discretion)
  • Orders for Costs (Types of Order)
  • Retainers (General Principles)
  • Conditional Retainers (Conditional Fee Agreements)
  • Errors in Retainers
  • The Indemnity Principle
  • Points of Law
  • The Bases of Assessment (Indemnity Basis and Standard Basis)
  • Acceptance of Part 36 offers and ‘Beating' Defendant's Part 36 offers
  • Costs Capping
  • Security for Costs

The Practice of Costs (Solicitor and Client)

  • Invoices and Bills
  • Solicitor and Client Assessments
  • Compromise and Alternatives to Statutory Assessments
  • Solicitors' Rights and Remedies: Proceedings, Lien, and Charging Orders

The Practice of Costs (Between the Parties)

  • Detailed Assessments between Opposing Parties
  • Summary Assessments
  • Appeals
  • Evidential Issues
  • Representation and Rights of Audience

The Quantum of Costs (Solicitor and Client)

  • The Basis of Assessment between Solicitor and Client
  • Quantum between Solicitor and Client

The Quantum of Costs (Between the Parties)

  • Hourly Rates
  • Additional Liabilities
  • Disbursements
  • Counsel's Fees
  • Fixed Costs, Costs on the Small Claims Track, and Fast Track Costs
  • Points of Principle
  • Value Added Tax
  • Interest Between Opposing Parties

Particular Circumstances

  • Contracts and Trusts
  • Specific Types of Party
  • Specific Types of Litigation
  • Costs Against the Courts Service
  • Third-Party Funding
  • Precedents

Reviews

"the Bible of the legal costs world ... whenever a complex legal costs issue arises on detailed assessment, this is the book that costs judges will reach for to resolve the issue ... head-and-shoulders above any other costs book on the market ... there is not a single proposition put forward that does not have a detailed corresponding reference for the authority ... on the rare occasion where the writer’s opinion alone is being given, this is made crystal clear ... dealing with real, practical issues ... written primarily as practitioners’ text, however, sections of it will be invaluable to students taking the Association of Law Costs Draftsmen’s Modular Training Course ... full of gems that even experienced costs practitioners will have either never come across or long since forgotten ... if you haven't ordered a copy, do so now"
GWS LAW

"a new and refreshing work ... reader friendly ... practical and sensible guidance ... overing all topics concerning the assessment of civil costs ... should find its place near to every civil litigator and judge ... I would commend to student and experienced practitioner"
COSTS LAWYERS

“a breath of fresh air over cost orders … in 1200 pages with a great index and 41 chapters, this authoritative and comprehensive work ranks highly with the most well known annual title … [includes] references to many authorities which are difficult to find elsewhere … a worthy book … advocates do not go into the judicial argument unprotected if they have Civil Costs with them”
Phillip Taylor MBE and Elizabeth Taylor, Richmond Green Chambers

“the obvious question is which one do I buy (Cook or Friston?) both is the answer … an exhaustive technical encyclopaedia of costs … points are covered in exquisite details … footnotes are magnificent … those on the frontline of costs disputes should have this work surgically attached to them … significant contribution to the vast cost landscape”
New Law Journal

"a good book, and one that I am pleased to have in my library"
The Austrialian Professional Liability Blog

Author Biography

Dr Mark Friston, Barrister (1997 call, previously qualified as a medic), Kings Chambers, Manchester

An acknowledged expert in the field of costs and has appeared in many of the leading cases on costs in recent years. Chambers directory describe him as "[a] supremely forensic lawyer...specific and precise...able to deal with the number crunching aspects of costs with great aplomb."

Promotional Information

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