Binding legal authority

I don’t know how Mark Friston feels when sitting as a Deputy Master at the Senior Courts Costs Office when one of those appearing before him quotes from his book Civil Costs: Law and Practice as being a persuasive record of the law as it stands. Even odder, perhaps, if his opponent in court refers to his book to support an argument counter to that which Friston is advancing.

However, I can confirm that I find it rather surprising when I read Replies to Points of Dispute citing something I once wrote on the Legal Costs Blog as though this was somehow likely to sway the poor judge one way or the other.

5 thoughts on “Binding legal authority”

Anonymous
September 19, 2014 at 9:41 am

But don’t all Judges read your blog as Gospel, Simon :p

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Anon
September 19, 2014 at 10:12 am

Even better is appearing with the good Doctor when a point is advanced by the opponent and the Judge offers Mark his copy of Cook on Costs! Priceless

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Suck my costs
September 19, 2014 at 10:13 am

Perhaps the author of the Replies was one of the ever increasing number of draftsmen/women that rely on Google for their averments…

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Rick Lardon
September 19, 2014 at 10:14 am

The art of Friston’s book is that it never expresses opinions on contentious matters. So while one might cite a passage as conveniently summarising the law on a certain point, it’s very hard to think of passages one might cite as supporting a particular argument. For that, it was alwas worth going to Cordery. The editors of the sections on CFAs and the indemnity principle were not shy at stating their view on unresolved questions!

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Anonymous
September 19, 2014 at 4:13 pm

@ lardon

that’s why Mark’s book is a guide – anyone can state an opinion, whether its right or wrong

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