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Successful recovery from the Costs Department

By February 21, 2023For Business

Whilst the services of a Costs Department are mainly sought by firms of Solicitors, we can also be instructed by businesses or members of the public.

Earlier this year, following a lengthy property dispute, the lay Claimant, instructed Glaisyers ETL’s Costs Department to recover their legal costs from the Defendant. Trainee Solicitor, Sophie Hughes, successfully represented the Claimant and was able to recover their legal costs in full.

 

Our Costs Department

Our experienced team have a wealth of knowledge and expertise in providing expert advice across the whole spectrum of legal costs including:

Advice on retainers – Our team are able to provide advice on retainers and options for retainers. We are able to give accurate pricing advice on how best to maximise fees.

Client cost estimates – One of the biggest causes of client complaints is inaccurate, misleading or exceeding costs estimates. Our team can help avoid that by providing advice to ensure accurate costs information is given at the outset, along with updated costs information as necessary.

Summary assessment of costs and preparation of N260 cost statements – Whether it be an interim application or fast track trial, we can prepare N260 costs statements for you. We aim to maximise recovery of costs, but within credible and reasonable parameters. Should we represent paying parties, we will take all available points that are credible and reasonable, to reduce our client’s liability for costs to an opponent.

Security for costs applications – Our team can prepare cost estimates in support, or provide advice on an opponent’s cost statement or estimate. We can advise on the relevant CPR test, case law and on realistic outcomes.

Costs management and Precedent H/Precedent R preparation

Our services include:

  • Preparing and revising Precedent H costs budgets;
  • Considering and providing advice on an opponent’s Precedent H;
  • Preparing Precedent R budget discussion reports;
  • Attending Costs and Case Management Conferences;
  • Preparing a Precedent T and variation application;
  • Considering and opposing where necessary an opponent’s Precedent T and variation application

Joint settlement meetings / mediation / arbitration and all forms of ADR – Our team are able to prepare costs statements and information to facilitate ADR preparation.

Costs orders in advance of Judgment – We can provide advice in advance of handing down / residuals hearings, regarding potential CPR 44.2 outcomes and submissions to make in respect of the incidence of costs.

Bills drafting / cost negotiation with an opponent / costs ADR – Our team specialise in costs recoveries / liabilities of high value and are well versed in preparing a bill of costs in either three column or Precedent S format. We can also negotiate costs with opponents with conventional means such as telephone negotiations and Part 36 offers and have experience of costs mediation.

Provisional assessment – We can prepare Points of Dispute, if acting for the paying party, or Replies if acting for the receiving party. We can advise on likely outcomes and settlement offers. We are also able to provide advice on the merits and risks of requesting an oral hearing, and attend any oral hearing.

Detailed assessment proceedings and Court Attendance

Our team can assist throughout the Part 47 detailed assessment process:

  • Drafting and serving bills;
  • Initial advice as to settlement ranges;
  • Obtaining a default costs certificate if no response is received to the bill of costs;
  • Considering Points of Dispute and drafting Replies;
  • Preparing Points of Dispute if we act for the paying party;
  • Applying for a payment on account pursuant to CPR 44.2(8) and seeking the costs of that application;
  • Preparing papers and lodging at Court for detailed assessment;
  • Preparing for and attending the detailed assessment;
  • Calculations and advising on the outcome of the hearing;
  • Dealing with the conclusion of the detailed assessment procedure;
  • Advising on possible appeals.

Solicitor client costs disputes / advice – We can provide advice in relation to fee complaints, complaint handling, Solicitor’s Act 1974 procedures and time limits. We can also advise and act on any solicitor client detailed assessment proceedings under Section 70 of the Act.

Costs advocacy / interim hearing advocacy in civil litigation / Costs appeals – We are able to represent our clients in all costs dispute related advocacy.

Court of Protection matters – Our team can prepare all bills and provide advice for Court of Protection costs matters.

Costs law and procedure training – We are able to provide accredited CPD training sessions on costs and civil litigation. Our team are also able to provide training on risk and regulatory matters, and on how to improve efficiency and maximise costs recovery.

If you want to minimise the stressful recovery or payment of costs, please contact Michael Fletcher at michael.fletcher@glaisyers.com or Sophie Hughes at sophie.hughes@glaisyers.com.

 

Sophie Hughes

Author Sophie Hughes

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