The defendant costs specialists

Posts made in January, 2019

White Paper Costs Conference

By on Jan 23, 2019 | 0 comments

The White Paper Conference Company has lined up another excellent costs conference on Costs Litigation: Shaping New Law into Solution-Focused Answers for Your Clients on 13 March 2019.  The speakers include: Regional Costs Judge Ian Besford, Alexander Hutton QC, Judith Ayling (39 Essex Street), Roger Mallalieu (4 New Square), David Marshall (Anthony Gold Solicitors), Alice Nash (Hailsham Chambers), Master Jason Rowley, and PJ Kirby QC. Priced at just £249 plus VAT including lunch and refreshments.  Book at: https://whitepaper.co.uk/conferences/costs19/...

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Unlawful service by unregulated person

By on Jan 16, 2019 | 1 comment

In Ndole Assets Ltd v Designer M&E Services UK Ltd [2018] EWCA Civ 2865 the Court of Appeal was faced with the issue: “Is service of a claim form a reserved legal activity for the purposes of the Legal Services Act 2007 (the 2007 Act)? And if it is, does service of a claim form where carried out by a person who is not an authorised or exempt person for the purposes of the 2007 Act have the consequence that service is invalid and that the claim should be struck out?” On the facts of the case, CSD, referred to as “claims consultants”, purported to serve a claim form on behalf of a litigant in person.  It was not in dispute that CSD were not solicitors and were not authorised for the purposes of the 2007 Act to conduct litigation. Schedule 2 of the 2007 Act defines “conduct of litigation” as: “(a) the issuing of proceedings before any court in England and Wales, (b) the commencement, prosecution and defence of such proceedings, and (c) the performance of any ancillary functions in relation to such proceedings (such as entering appearances to actions).” The Court concluded that: “that service of the claim form was within the ambit of ‘conduct of litigation’. … I consider that service of the claim form is indeed an aspect of ‘prosecution… of such proceedings’ and at all events that service of the claim form is ‘an ancillary function in relation to such proceedings’.  As stated by the Court of Appeal in paragraph 56 of Agassi, it must have been intended that ‘ancillary functions’ would be formal steps required in the conduct of litigation. Service of the claim form is unquestionably, in my opinion, of such a kind. There are rules of court relating to it. A legal action cannot be progressed, cannot be prosecuted, unless and until the claim form is properly served, as the judge had noted. Service is the essential means by which a defendant is notified of the content of the court process which has been initiated against him and in respect of which he is ordinarily required to acknowledge service. Thus service of the claim form falls within the ambit of the statutory language,...

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Friston on Costs

By on Jan 9, 2019 | 2 comments

Shortly before Christmas the new edition of Friston on Costs landed on my doormat.  Obviously, I do not mean that literally.  They have yet to design a letterbox large enough for a book this size and, if you order online, the description has a two-person delivery symbol beside it to indicate the number needed to carry it. The first edition of this book, still less than 10 years old, ran to 1,245 pages ignoring the preface and contents pages.  This third edition comes in at 2,138 pages and now comes in a heavy cloth binding. Fortunately, this is not a case of “never mind the quality, feel the width”. Since the second edition was published (in 2012), the costs world has seen a continuous stream of new case law.  This is all seamlessly introduced into the new edition.  However, more importantly, the intervening period has also seen the introduction of the Jackson reforms.  This led to major changes to the cost rules, the introduction of entirely new areas of costs procedure (such as costs budgeting) and the inevitable explosion of further case law on the new procedures.  This new edition is therefore not simply a general update but is, in large part, a comprehensive rewrite. The overall scope of the book is an encyclopaedic as ever.  This will be the first port of call for research by all costs practitioners and costs judges.  (I have already found it indispensable to securing a win on a point of principle.)  No topic – however obscure – appears to have been overlooked. This latest addition includes more general commentary on costs law – from both the author and other legal commentators – than previous editions.  This is welcome.  The fact that there is generally only a finite amount of case law from the higher courts on costs law, combined with the fact that much of the Jackson reforms are still settling in, means that any guidance or thoughts from respected costs experts is to be warmly embraced. Unfortunately, advocates are unlikely to want to carry a copy of this book to court in addition to a copy of the White Book.  (Did I mention the size of Friston on Costs?)  Fortunately, the...

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