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03 July 2014 / Sue Nash
Issue: 7613 / Categories: Opinion , Profession , Costs
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Setting the record straight

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Costs lawyers have earned their long-awaited right to litigate, says Sue Nash

It is now more than seven years since costs lawyers were granted independent rights to conduct litigation and advocacy, but that fact is not stopping some other lawyers challenging their legitimacy.

The evidence we have to date is anecdotal, but there have been enough reports from our members of ambushes at hearings to take it very seriously. There is no basis in law for these challenges; the only possible reason is the hope of a tactical advantage by removing an experienced costs lawyer from the game.

Absolute right

We instructed well-known costs counsel Roger Mallalieu of 4 New Square to set out the position, and his advice could not have been clearer: Costs lawyers have an absolute right as conferred upon them by the Legal Services Act 2007 to conduct all costs proceedings within the limits of their statutory powers (essentially, all costs matters)—regardless of the circumstances in which they

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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
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

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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