The role of Costs Lawyers in costs budgeting

Another member of the judiciary has come out in support of the importance of Costs Lawyers in the costs budgeting process. Master David Cook, speaking at a seminar at 7 Bedford Row chambers, was quoted as saying:

“costs lawyers should be discouraged from attending budgeting hearings as they do not have the knowledge of the case to answer questions on spending to date”


4 thoughts on “The role of Costs Lawyers in costs budgeting

  1. “Discouraged from attending” indeed. The ones I know add nothing, as they are too wrapped up in figures and their own fees, rather than what the case is about and how the budget can be used to assist in shaping the case.

  2. This is what happens when costs firms promise to turn around budgets in 24-48 hours….

    Surely a Costs Lawyer should know how the costs incurred have been formulated, having actually costed the file to date. That is unless they haven’t or instructed a different costs lawyer to attend the hearing.

    When budgeting is done correctly a Costs Lawyer can add value both when drafting the budget and also when making representations at the hearing.

  3. why “Costs lawyer”?? most of those I come across, are only just into the profession, have done the course, and now think they rule the world – but dont have a clue how litigation works.

    plus @ anon 6:44am 10/03, most cost lawyers either dont cost the files (they employ “draftsmen” for such menial tasks as work) and therefore are none the wiser at CCMC’s; or cost the file but only look at figures. I’ve just dealt with one, who insists on upholding her clients budget (ordered to discuss and try and agree before the CCMC), despite the fact she includes claims for evidence the Court has already said wont be permissible. As Master Cook says, cost lawyers just do not have the knowledge

  4. Sadly, I would say the complete opposite. If only Judges had had the training necessary to deal with budgets. Most Judges thank me for my attendance and assistance, as do Solicitors and barristers!

    Its safe to say there are good costs lawyers, barristers, draftsman, judges etc and there are bad ones, and some may be good but just have a bad day. To typecast all as not adding value is naive at best or insulting at worst.

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