header-logo header-logo

13 September 2007 / A Mcgee , P Hughes , M Friston , M Smith
Issue: 7288 / Categories: Features , Costs
printer mail-detail

Costs privilege

In the first of two articles, the costs team at Kings Chambers explains how privileged material can be disclosed in costs litigation

Costs litigation is litigation without disclosure of the type familiar in other civil litigation. This is because the subject matter of the assessment is, by its nature, often privileged.

With certain narrow exceptions, the court has no power to order a party to disclose privileged material. There are, however, two (linked) mechanisms by which privileged material may come before the court; these are by way of filing the relevant material at court (“filing”) and by way of “election”.

FILING

The costs practice direction (CPD), supplementing Pts 43 to 48 of the Civil Procedure Rules (CPR), states at s 40.11 that, unless the court directs otherwise, the receiving party must file with the court the papers in support of the bill not less than seven days before the date for the detailed assessment and not more than 14

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

Gateley Legal—Caroline Pope & Bob Maynard

Gateley Legal—Caroline Pope & Bob Maynard

Construction team bolstered by hire of senior consultant duo

Switalskis—four appointments

Switalskis—four appointments

Firm expands residential conveyancing team with quadruple appointment

mfg Solicitors—Claire Pope

mfg Solicitors—Claire Pope

Private client team welcomes senior associatein Worcester

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
back-to-top-scroll