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Vol 25 No 2 Feb/March 2020

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Friston on Costs 3rd ed

ISBN13: 9780198823308
Previous Edition ISBN: 9781846613128
Published: December 2018
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £175.00

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Wildy's Book of the Month: January 2019

Friston on Costs is the third edition of the acclaimed authority on civil costs law, previously entitled Civil Costs: Law and Practice.

Separated into sixteen parts, this substantial text covers all aspects of the law of civil costs from the formation of contracts of retainers, funding, costs budgeting, and orders for and about costs, all the way through to the assessment of costs and beyond.

The third edition has been extensively updated to take into account changes in the law following the Jackson reforms. It also includes discussions on the Consumer Rights Act 2015, alternative dispute resolution, alternative methods of pricing, and legal project management.

Friston features thorough cross referencing throughout, enabling the user to easily locate answers to even the most complex of costs issues. It is an invaluable resource for costs judges and practitioners alike.

Courts and Procedure
Part 1: History and development of costs
1: A Brief History of Costs

Part 2: Introduction to the law of costs
2: The Language of Costs
3: The Nature of Costs
4: The Status of the Rules Governing Costs
5: The Court's Powers Regarding Costs

Part 3: Orders for costs
6: Orders for Costs (Jurisdiction and Discretion)
7: Orders for Costs (Particular Circumstances)
8: Orders for Costs (Qualified One-way Costs Shifting)
9: Orders for Costs (Non-party Costs Orders and Wasted Costs)
10: Orders for Costs (Clarification and Revision of Orders)
11: Orders for Costs (Costs-Only Proceedings)

Part 4: Orders regarding costs
12: Costs Management and Cost Budgeting
13: Costs Capping and Related Topics
14: Payments on Account of Costs
15: Security for Costs

Part 5: Bases of costs and Part 36
16: The Bases of Assessment (Indemnity Basis and Standard Basis)
17: Part 36 Offers

Part 6: Points of law regarding costs
18: The Indemnity Principle
19: Plural Liability for and Plural Entitlement to Costs
20: Distribution: Apportionment and Division of Costs
21: Mutual Liabilities and Set-off
22: Agency and Costs
23: Finality, Delay and Limitation
24: Human Rights and the Law and Costs

Part 7: The overriding objective, proportionality, and relief from sanctions
25: Proportionality and Costs
26: The Overriding Objective, Collective Proportionality and Relief from Sanctions

Part 8: Agreements between legal services provider and client
27: Contracts of Retainer (General Principles)
28: Contracts of Retainer, etc (Consumer Issues)
29: Contracts of Retainer (Conditional Fee Agreements and damages based agreements)
30: Contracts of Retainer (Champerty and Maintenance)
31: Contracts of Retainer (Interpretation and Implied Terms)
32: Contracts of Retainer (Transfer of Contracts of Retainer and the Management of Errors)

Part 9: Agreements with Funders and Insurers
33: Litigation Funding
34: Legal Expenses Insurance

Part 10: Costs as between solicitor and client
35: Invoices and Bills
36: Solicitor and Client Assessments
37: The Basis of Assessment Between Solicitor and Client
38: Quantum Between Solicitor and Client
39: Clients' Rights and Remedies: Alternative Means of Resolving Disputes and Compromise
40: Solicitors' Rights and Remedies: Proceedings, Lien, Charging Orders, and Equitable Interference

Part 11: Practice Issues
41: Legal Project Management
42: Value-based pricing and practising without recording time

Part 12: Assessments, appeals and ADR between opposing parties
43: Detailed Assessments Between Opposing Parties
44: Summary Assessments
45: Costs Appeals and Reviews
46: Evidential Issues and Privilege
47: Representation and Rights of Audience
48: Alternative Dispute Resolution of Costs Disputes

Part 13: Quantification of costs between opposing parties
49: The Assessment of Costs in General (including the assessment of time)
50: Fixed Costs, Costs on the Small Claims Track, and Fast Track Costs
51: Hourly Rates
52: Disbursements and expenses
53: Counsel's Fees
54: Additional Liabilities
55: Value Added Tax
56: Interest Between Opposing Parties
57: Conduct and Misconduct and the Quantum of Costs
58: Legislative Fetters on the Recovery of Costs

Part 14: Particular persons
59: Litigants in Person and Lawyers Who Act in Their Own Cause
60: Children and Protected Persons
61: Public Bodies and the Crown
62: Costs Against Legally Aided Persons
63: Road Traffic Insurers and Liability for Costs
64: Costs Against the Courts Service

Part 15: Particular circumstances
65: Group Litigation, Derivative Claims and Representative Claims
66: Contracts and Trusts
67: Public Law and Judicial Review

Part 16: Materials
68: Tables and Figures