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19 October 2012 / William Gibson
Issue: 7534 / Categories: Features , Costs
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Costs conundrum (5)

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Bill Gibson emphasises the importance of file maintenance to costs recovery

In the days before judicial interest in costs led to confusion and complications, the most common request from solicitors to costs draftsmen was: “How do I maximise my inter partes costs recovery?”

The answer was usually: “File maintenance/file discipline.”

Detailed attendance notes recording the content of meetings or telephone calls; letters confirming oral advice; time spent on documents accurately recorded and broken down between different categories; time spent on jointly-attended meetings recorded in the same figures by all attendees. Simple.

Then came conditional fee agreements with success fees. More discipline. Record risk assessment investigations, outcomes and advice and be prepared to justify on assessment. Next: detailed investigations into availability of before the event insurance cover. The common theme running throughout was the need for detailed and accurate records, something not always popular with fee earners but litigators at least grudgingly accepted there was a reason for such effort. That reason became more

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MOVERS & SHAKERS

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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