Costs law – the judges speak

Views from the panel discussion at the Association of Costs Lawyers’ Annual Conference:

Master Campbell – late service of Replies, if they are helpful to the Court, may be allowed in.

Master Gordon-Saker – Replies are “rarely helpful”.

Regional Costs Judge Besford – Replies served late in provisional assessment cases might not be considered by the Court.

Master Hurst – Replies served late could be in difficulties without an application for permission.

6 thoughts on “Costs law – the judges speak

  1. The Adrian Durham of the costs world strikes again.

    Presumably the judge’s were full of praise for the standard and usefulness of all sets of Points of Dispute?

  2. good to see common sense prevails – unless there is prejudice it points scoring

    ask for an extension and grant it if its a reasonble request

  3. And Master Leonard has no problem in granting extensions for late service.

    Adrian Durham of costs! This made me laugh.

  4. Clear as mud really.

    Anyone had any problems with points of dispute that differ slightly from the proforma version – i.e. not having a ‘Costs Officer’s decision’ section in cases that would not be subject to provisional assessment’ ?

  5. CoA should limit there guidance on this issue going forward, sooner or later one judge will say or do something which will start costs wars part 3. the extension provisions are helpful and sufficient, perhaps more claimants will negotiate now or be more willing to grant extensions, this is something most defendants ask for and most claimants reject in the old world.

    Look at the rules and how much they lean towards receiving parties, all of these sanctions for not filing points in dispute but the claimant can choose whether he wants to bother to respond(absurd).

    A parties conduct in costs proceedings should be the overriding factor.

    Already I am sick to the back teeth of people talking about compliance when minor ommissions occur, lawyers are not scientists we get things wrong, look at the Brett decision (handbags). Would say to all practioners use your right to appeal responsibly otherwise the CoA will get grow tired of costs appeals quickly.

    Comply or die is the way forward, dont water the rules down for big hitting claimant lawyers or external costs agents who want to bring fourth the next costs wars to stay relevant or in full time work!

    R.I.P Joe Locke, I met him a couple of times, really nice man.

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