The defendant costs specialists

The (Alternative) Legal Costs Dictionary

Jackson Report

By on Jun 11, 2010 | 0 comments

A further definition from The (Alternative) Legal Costs Dictionary: Jackson Report n. A review of civil litigation costs in the English legal system undertaken by Lord Justice Jackson. The final report had a similar effect to a penalty shoot-out against Germany. It reduced grown men to tears. May decimate large swathes of the legal costs industry. Certainly decimated large swathes of the Amazon rain...

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Specialist costs counsel

By on May 21, 2010 | 0 comments

A further definition from The (Alternative) Legal Costs Dictionary: Specialist costs counsel n. counsel who was once given a brief by his clerk at 7.30pm to appear in Taunton County Court at 10.00am the next morning in relation to the detailed assessment of a bill of costs totalling £3,241.14 but received a text message at 8.30am on the day of the hearing (3 hours into his journey to court) informing him that the matter had been compromised at...

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Law costs draftsman

By on May 7, 2010 | 1 comment

A further definition from The (Alternative) Legal Costs Dictionary: Law costs draftsman n. a lawyer concerned with quantifying the legal costs of a case. A costs draftsman is to the legal profession what a train spotter is to the world of professional sportsmen. Similar to an accountant but without the glamour or dress...

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Indemnity Principle

By on Apr 23, 2010 | 1 comment

A further definition from The (Alternative) Legal Costs Dictionary: Indemnity principle n. legal principle that receiving party cannot recover from paying party in legal costs more than he is liable to pay his own lawyer. To make the process fair on detailed assessment, the paying party is denied access to any information concerning the terms of the agreement between the receiving party and his lawyer unless the paying party can first establish a genuine reason to suppose more is being claimed than should be. This is done by producing the kind of evidence that the paying party is not entitled to see. If the paying party had such information, he would not need it. If he does need it, he is denied access to it because he has not been able to produce evidence as to what the evidence will show if it is disclosed. The Catch 22 of legal costs. To compensate for this rule, in the unlikely event that it can be shown that more has been claimed than should have been, the court will treat this as a “most serious disciplinary offence”. Where, during the course of a detailed assessment hearing such a breach is found to have occurred, the judge, mustering the full force of the majesty of the law, will say: “shall we move on to the next item then?”....

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Proportionality

By on Apr 9, 2010 | 2 comments

A further definition from The (Alternative) Legal Costs Dictionary:   Proportionality advs.  a theoretical legal concept whereby the court will not allow legal costs to be recovered that are disproportionate to the amount at stake.  An example of proportionality being applied by the courts has yet to be reported....

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Fee earner

By on Mar 26, 2010 | 0 comments

A further definition from The (Alternative) Legal Costs Dictionary:   Fee earner n.  partner, solicitor, legal executive, paralegal, litigation executive, legal secretary, post boy, 12 year old on Take Your Daughter to Work Day visit, office cat, visiting office photocopier repair man, office...

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