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08 January 2020 / David Cooper
Issue: 7869 / Categories: Features , Costs
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Costs recovery: taking charge

13681
David Cooper breaks down the costs ruling in Monex
  • 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

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NEWS
Mr Justice Nicklin’s decision to order costs on an indemnity basis may be a ‘significant win’ but it’s still ‘far from game, set and match’ for Associated Newspapers, a former costs judge has said
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The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners
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