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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

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Firm promotes senior associate and team leader as wills, trusts and probate team expands

Asserson—Michael Francos-Downs

Asserson—Michael Francos-Downs

Manchester real estate finance practice welcomes legal director

McCarthy Denning—Harvey Knight & Martin Sandler

McCarthy Denning—Harvey Knight & Martin Sandler

Financial services and regulatory offering boosted by partner hires

NEWS
The cab-rank rule remains a bulwark of the rule of law, yet lawyers are increasingly judged by their clients’ causes. Writing in NLJ this week, Ian McDougall, president of the LexisNexis Rule of Law Foundation, warns that conflating representation with endorsement is a ‘clear and present danger’
Holiday lets may promise easy returns, but restrictive covenants can swiftly scupper plans. Writing in NLJ this week, Andrew Francis of Serle Court recounts how covenants limiting use to a ‘private dwelling house’ or ‘private residence’ have repeatedly defeated short-term letting schemes
Artificial intelligence (AI) is already embedded in the civil courts, but regulation lags behind practice. Writing in NLJ this week, Ben Roe of Baker McKenzie charts a landscape where AI assists with transcription, case management and document handling, yet raises acute concerns over evidence, advocacy and even judgment-writing
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
From cat fouling to Part 36 brinkmanship, the latest 'Civil way' round-up is a reminder that procedural skirmishes can have sharp teeth. NLJ columnist Stephen Gold ranges across recent decisions with his customary wit
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