header-logo header-logo

17 February 2017 / Michelle Barron
Issue: 7734 / Categories: Features , Profession
printer mail-detail

Boosting costs recovery

Michelle Barron highlights the top eight costs mistakes law firms make, with suggested remedies

The legal sector is unique in the complexity and contentious nature of the calculation and recovery of costs. It is routine for considerable time, effort and frequently litigation to be required to recover costs.

As an experienced costs lawyer, I see common and recurring mistakes, many of which can hamper costs recovery and lead to significant write-offs and adverse costs orders. The impact on cash flow, profitability and resilience in a difficult sector can be immense. But many mistakes are not technical in nature, and can be avoided with minimal time and effort.

1. Delay

Healthy cash flow is the lifeblood of any successful business. The process of costs recovery must be started at the earliest opportunity.

Costs lawyers regularly receive files where there is an entitlement to costs but no action has been taken to recover them. In some cases, several years may have elapsed since the entitlement arose. The reasons for delay vary, but a systematic failure to manage lock-up

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

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Firm awards training contracts to paralegals through internal programme

Ward Hadaway—Matthew Morton

Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

Thomson Hayton Winkley—Nina Hood

Thomson Hayton Winkley—Nina Hood

Cumbria firm appoints new head of residential property

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
back-to-top-scroll