Cook on Costs 2026

Cook on Costs remains the go-to resource for legal professionals navigating the complexities of costs and litigation.

This well-established and practical title returns fully updated with legislative changes concerning every aspect of civil costs, providing concise and comprehensive commentary on costs developments as well as straightforward explanations of the remuneration of solicitors and barristers.

Using a dual approach, the text both informs and guides you through all aspects of the costs of contentious and non-contentious legal business.

The 2026 edition is updated by Senior Costs Judge Jason Rowley, with Kevin Latham coming on board as the new co-editor, bringing practical expertise as a barrister at Kings Chambers as well as a Deputy Costs Judge.

What’s new for this year’s edition:

• Fixed recoverable costs – The only commentary available on the first reported cases that have started coming through.
• Part 36 – there are plenty of updates on this topic, which is the gift that keeps on giving.
• Wasted Costs – In the wake of QOCS, applications for wasted costs have become more prevalent and the update addresses the modern development of a long established remedy.
• Alternative Dispute Resolution – Decisions which penalise a party for an unreasonable refusal to engage in ADR are becoming more common. Some suggestions have been incorporated as to how parties can avoid traps for the unwary.
• Contingency fee agreements – There have been a number of Conditional Fee Agreement as well as Damages Based Agreement decisions this year, showing that solicitors' retainers with their clients continue to be challenged by both the clients' opponents but also by themselves.
• Costs and Case Management – The introduction of Simplified Costs Budgeting in April 2025 is addressed in some detail.
• Civil costs in family proceedings – there are a number of family cases this year which all tend to have this theme of seeking to import civil costs into family proceedings.
• Children and Protected Parties – There have been some developments in deductions from damages which have meant this chapter has been expanded.
• ‘Payment’ of bills – Coverage of Menzies v Oakwood Solicitors, one of the few recent Supreme Court decisions on costs