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11 January 2007 / Richard Harrison
Issue: 7255 / Categories: Opinion , Costs
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Costs a bomb

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Issues of costs overshadow any litigation. Richard Harrison identifies some specific areas where the assessment system might be reformed

Those who deal with the costs assessment system on a day-to-day basis are probably well versed in its idiosyncrasies and have trained themselves to cope. However, looked at objectively, aspects of the system are ready for reform.

Definition of attendances

Consider the concept of ‘attendances’—a term which has a long history in the world of legal costs assessment and has given rise to the traditional ‘attendance note’. It is not defined in the Civil Procedure Rules (CPR), nor in Cook on Costs 2006—a Guide to Legal
Remuneration in the Civil Contentious and Non-contentious Business (LexisNexis Butterworths, November 2005).
Attendances can include things called ‘communications’. Communications are divided into ‘real communications’ and ‘routine communications’ (CPR Pt 43 PD 43(4.7). Communications means letters out and telephone calls. Routine communications are letters out, e-mails out and telephone calls “which because of their simplicity should not be regarded as letters

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