header-logo header-logo

Setting the record straight

03 July 2014 / Sue Nash
Issue: 7613 / Categories: Opinion , Profession , Costs
printer mail-detail
speakerscorner_gowland

Costs lawyers have earned their long-awaited right to litigate, says Sue Nash

It is now more than seven years since costs lawyers were granted independent rights to conduct litigation and advocacy, but that fact is not stopping some other lawyers challenging their legitimacy.

The evidence we have to date is anecdotal, but there have been enough reports from our members of ambushes at hearings to take it very seriously. There is no basis in law for these challenges; the only possible reason is the hope of a tactical advantage by removing an experienced costs lawyer from the game.

Absolute right

We instructed well-known costs counsel Roger Mallalieu of 4 New Square to set out the position, and his advice could not have been clearer: Costs lawyers have an absolute right as conferred upon them by the Legal Services Act 2007 to conduct all costs proceedings within the limits of their statutory powers (essentially, all costs matters)—regardless of the circumstances in which they

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
In Ward v Rai, the High Court reaffirmed that imprecise points of dispute can and will be struck out. Writing in NLJ this week, Amy Dunkley of Bolt Burdon Kemp reports on the decision and its implications for practitioners
Could the Supreme Court’s ruling in R v Hayes; R v Palombo unintentionally unsettle future complex fraud trials? Maia Cohen-Lask of Corker Binning explores the question in NLJ this week
back-to-top-scroll