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13 September 2007 / A Mcgee , P Hughes , M Friston , M Smith
Issue: 7288 / Categories: Features , Costs
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Costs privilege

In the first of two articles, the costs team at Kings Chambers explains how privileged material can be disclosed in costs litigation

Costs litigation is litigation without disclosure of the type familiar in other civil litigation. This is because the subject matter of the assessment is, by its nature, often privileged.

With certain narrow exceptions, the court has no power to order a party to disclose privileged material. There are, however, two (linked) mechanisms by which privileged material may come before the court; these are by way of filing the relevant material at court (“filing”) and by way of “election”.

FILING

The costs practice direction (CPD), supplementing Pts 43 to 48 of the Civil Procedure Rules (CPR), states at s 40.11 that, unless the court directs otherwise, the receiving party must file with the court the papers in support of the bill not less than seven days before the date for the detailed assessment and not more than 14

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NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
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