Costs recovery: taking charge

• Recovery: understanding costs law.
• Assessment: a reasonable and proportionate sum.
• The Monex transcript: applying the test of reasonableness and proportionality.
• Comment: a costs comparison.

It is bewildering when it appears that what should be a fundamental and straightforward understanding of law and practice nevertheless generates arguments before the court, with a consequent expenditure of substantial time and resources.

One of these fundamental elements is for a lawyer to know not only what they can charge but also what to advise clients about the extent of their entitlement to charge and, where costs are recoverable from another party, the extent to which this could happen.

Recovery

The issue of recovery will, of course, have a major impact on the client and may also affect what the lawyer can charge them. So you need to understand costs law—this goes for those handling non-contentious work given how often they can turn litigious.

A recent case that has highlighted the issue of understanding basic