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Vol 21 No 9 Sept/Oct 2016

Book of the Month

Cover of Goode on Commercial Law

Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Civil Costs: Law and Practice 3rd ed

ISBN13: 9781846618437
Previous Edition ISBN: 9781846613128
To be Published: February 2017
Publisher: Jordan Publishing Ltd
Country of Publication: UK
Format: Paperback
Price: £99.00

Civil Costs: Law and Practice is well established as the authoritative reference for both costs practitioners and those who need a more rigorous analysis of the law than is possible in popular shorter works on the subject. Independent reviewers have said that it is ‘the Bible of the legal costs world’ and that it is ‘a life support system for every litigator’.

All aspects of civil costs law are covered. The detailed commentary is scrupulously impartial, such that independent reviewers have noted that ‘there is not a single proposition put forward that does not have a detailed corresponding reference for the authority’. Reviewers have also noted that on ‘the rare occasion where the writer’s opinion alone is being given, this is made crystal clear’. The authorities are often quoted word-for-word, but even when they are not, they are cited, usually with pinpoint precision. There are literally thousands of footnotes, and where appropriate, difficult points are explained by way of flowcharts or diagrams. All of the rates and figures that a costs practitioner could wish for are set out in easily accessible forms, such as tables and charts.

Many of the chapters have been substantially rewritten for the third edition, and all the major changes and developments since the Jackson Reforms are addressed, including:

  • Consumer protection and contracts of retainer;
  • Costs budgeting and prospective case management;
  • Relief from sanctions following Mitchell and Denton;
  • Human rights and the recovery of success fees;
  • The rise in applications for security for costs;
  • The greater use of orders for interim payments;
  • Changes in the way the Bar charges for its services;
  • Proportionality under the new overriding objective;
  • Provisional assessments;
  • The expansion of fixed costs regimes;
  • Part 36 offers, in both substantive litigation and in costs litigation;
  • The changes in costs procedure, including the compulsory requirement to make an offer;
  • Changes to the format of Bills of Costs and Points of Dispute.
Civil Costs is written primarily for members of the judiciary who deal with civil costs, and for costs lawyers, costs draftsmen and costs counsel. Civil litigators, barristers practising civil law and managing partners will also find it useful. Unusually for a practitioners’ text, it is well regarded by common law lawyers outside England and Wales. This is because its extensive citation of older authorities makes it easy to identify principles that are globally relevant.

Courts and Procedure

The History of Costs
The Language of Costs
The Status of the Rules Governing Costs
The Court's Powers

The Law of Costs

The Nature of Costs
Orders for Costs (Jurisdiction and Discretion)
Orders for Costs (Types of Order)
Retainers (General Principles)
Conditional Retainers (Conditional Fee Agreements)
Errors in Retainers
The Indemnity Principle
Points of Law
The Bases of Assessment (Indemnity Basis and Standard Basis)
Acceptance of Part 36 offers and ‘Beating' Defendant's Part 36 offers
Costs Capping
Security for Costs

The Practice of Costs (Solicitor and Client)

Invoices and Bills
Solicitor and Client Assessments
Compromise and Alternatives to Statutory Assessments
Solicitors' Rights and Remedies: Proceedings, Lien, and Charging Orders

The Practice of Costs (Between the Parties)

Detailed Assessments between Opposing Parties
Summary Assessments
Evidential Issues
Representation and Rights of Audience

The Quantum of Costs (Solicitor and Client)

The Basis of Assessment between Solicitor and Client
Quantum between Solicitor and Client

The Quantum of Costs (Between the Parties)

Hourly Rates
Additional Liabilities
Counsel's Fees
Fixed Costs, Costs on the Small Claims Track, and Fast Track Costs
Points of Principle
Value Added Tax
Interest Between Opposing Parties

Costs in Particular Circumstances

Contracts and Trusts
Specific Types of Party
Specific Types of Litigation
Costs Against the Courts Service
Third-Party Funding