3
Covers all aspects of civil costs coupled with practical applications, detailed reference and precedents to offer a one-stop shop for the law governing civil costs Civil Costs Law and Practice NEW Dr Mark Friston, Barrister, King’s Chambers, Manchester and Leeds Order now on 28 days’ approval Civil Costs Law and Practice Dr Mark Friston Barrister, King’s Chambers, Manchester and Leeds

APIL Guide to RTA Liability Civil Costs NEw · provides a one-stop-shop for the law governing civil costs. Civil Costs: Law and Practice is essential reading for all civil litigators

  • Upload
    others

  • View
    2

  • Download
    0

Embed Size (px)

Citation preview

Page 1: APIL Guide to RTA Liability Civil Costs NEw · provides a one-stop-shop for the law governing civil costs. Civil Costs: Law and Practice is essential reading for all civil litigators

Order form Please send me on 28 days’ approval

Copy(ies) of Civil Costs: Law and Practice (180 3) @ £75.00 inc mainland UK p&p* Copy(ies) of APIL Guide to Fatal Accidents (115 5) @ £45.00 + £4.00 mainland UK p&p* Copy(ies) of Civil Court Service (175 9) @ £199.00 inc mainland UK p&p* Copy(ies) of APIL Guide to RTA Liability (164 3) @ £50.00 + £4.00 mainland UK p&p*

PLEASE PRINT CLEARLY IN BLOCK CAPITALS All fields marked # must be completed

Title# First name# Surname#

Position# Firm/Organisation#

Address# (indicate if home or office)

Postcode#

Telephone# (landline) Fax

Email address#

Signature# Date

APIL membership number

Please tick method of payment

I enclose remittance for £ (cheques payable to Jordan Publishing Limited)

Please invoice me

Please charge my credit card. Specify which card you are using

Card no

Start date Expiry date Issue no (Maestro only)

Cardholder’s signature

NO STAmP REquIREdPlease return your order form to: Jordan Publishing Limited, FREEPOST BS8152, 21 St Thomas Street, Bristol BS1 6JS. Tel 0117 918 1492 Fax 0117 925 0486 www.jordanpublishing.co.uk

Jordan Publishing Limited is registered under no. 41470. Registered Office: 21 St Thomas Street, Bristol BS1 6JS. VAT Registration no GB 137 4442 71. All goods and services are provided on the terms of the Company’s Standard Conditions of Business, copies of which are available on application to the company. Prices are subject to change without prior notice. Online products are also subject to Terms and Conditions for the use of Digital Products. All Jordan Publishing Limited leaflets are printed on paper derived from sustainably managed forests. *Non-mainland UK and overseas orders incurring p&p will be charged at cost. DATA PROTECTION Your details are held for Jordans Limited, Jordans International Limited and Jordan Publishing Limited’s use only (which include our offices in major offshore locations). Apart from any use made in connection with our acting on your behalf – including for credit control reasons (only if you are a client) – we would only use your details to send you occasional materials on our products, services and events that we think may be of interest to you (as either a contact or a client). None of your details will be passed to third parties for any marketing purpose.

Tick here if you do not wish to receive mail from our UK office Tick here if you do not wish to receive mail from our overseas offices Tick here if you do wish to receive occasional emails from us

Covers all aspects of civil costs coupled with practical applications, detailed reference and precedents to offer a one-stop shop for the law governing civil costs

Civil CostsLaw and Practice

NEw

Dr Mark Friston, Barrister, King’s Chambers, Manchester and Leeds

Order now on 28 days’ approval

NE

w

APIL Guide to RTA LiabilityGeneral Editor: Andrew Ritchie qC, Barrister, 9 Gough Square, London

APIL Guide to RTA Liability is a major new addition to the APIL Guides series on this core area of PI practice. Written by a team of specialist PI lawyers, it provides detailed practical guidance.

The work is broken down into 26 accessible chapters, each focusing on a particular aspect of RTA liability. The narrative chapters are accompanied by useful materials and precedents.

APIL Guide to RTA Liability is an indispensable book for all PI practitioners.

march 2009 1st editon Papercover £50.00 (£45.00 for APIL members) + £4.00 inc mainland uK p&p ISBN 978 1 84661 164 3

Civil CostsLaw and Practice

Dr Mark Friston

Barrister, King’s Chambers, Manchester and Leeds

Page 2: APIL Guide to RTA Liability Civil Costs NEw · provides a one-stop-shop for the law governing civil costs. Civil Costs: Law and Practice is essential reading for all civil litigators

INTROduCTION • The history of costs • The language of costs • The status of the rules governing costs

THE LAw OF COSTS • The nature of costs• Orders for costs • Retainers • Errors in retainers • The Indemnity Principle • Agency • Joint and several liability • The Bases of Assessment • Acceptance of Part 36 Offers and “beating”

defendant’s Part 36 Offers • Proportionality • Costs capping • Limitation, delay and costs

THE PRACTICE OF COSTS (SOLICITOR ANd CLIENT)• Invoices and Bills• Remuneration certificates • Suing for recovery of costs • Obtaining an order for assessment • Turner & Co v Palomo quantifications• Solicitors’ security: Lien, charging orders, etc

THE PRACTICE OF COSTS (BETwEEN THE PARTIES)• Summary of the assessment process • Commencement • When to commence the assessment • Venue for detailed assessment • Defects in the Bill of Costs • Sanction for delay in commencing

proceedings and “unless orders” • Replies • Offers to settle • Sanction for delay in requesting a hearing • Liability for costs of detailed assessment

proceedings • Interim costs certificates and interim payment• Final costs certificates• Election • Appeals • Summary assessments

The law regulating civil costs has undergone a transformation over the past 10 years following the introduction of the CPR and the abolition of legal aid for most areas of civil litigation. The result is a complex regime of primary and secondary legislation, common law and professional conduct rules.

Civil Costs: Law and Practice is an authoritative and comprehensive new work covering all aspects of civil costs coupled with practical applications, detailed references and precedents. The work includes the text of relevant statutes, rules and cases, as well as references to many authorities difficult to find elsewhere. The result is a valuable reference work which provides a one-stop-shop for the law governing civil costs.

Civil Costs: Law and Practice is essential reading for all civil litigators (especially costs lawyers), costs draftsmen, solicitors with management responsibilities and the judiciary.

THE quANTum OF COSTS (SOLICITOR ANd CLIENT) • The basis of assessment • Hourly rates • The value element• Time generally • Disbursements • Solicitor and client VAT

THE quANTum OF COSTS (BETwEEN THE PARTIES) • Estimates of costs • Apportionment • Conduct • Hourly rates • “Solicitor and client” work • Additional liability• Disbursements • Counsel’s fees • The costs of checking the bill • Costs draftsmen’s fees • Fixed commencement costs • Fixed recoverable costs • Fixed percentage increases and success fee • Fixed fast track trial costs • VAT• Interest as between the parties

COSTS (SPECIAL CASES) • Non-parties (third parties) • Costs payable pursuant to contract • Trustees • Children and patients • Litigants in person • Group litigation

mISCELLANEOuS ISSuES • Representation and rights of audience • Security for costs • Arbitration • Misconduct • Tribunals other than civil courts

ALSO OF INTEREST

APIL Guide to Fatal AccidentsGordon Exall, Barrister, Zenith Chamber, Leeds

Fatal accidents present the lawyer with a set of problems distinct from those of non-fatal personal injury claims. In particular, who does the law categorise as a dependant and how do you calculate the claim for dependency?

APIL Guide to Fatal Accidents, now in its second edition, provides practical advice on how to run a case involving a fatal accident and how to secure maximum awards for the family, friends and estate of the deceased.

This edition includes new chapters dealing with multipliers and damages in anticipation of death, and also offers advice on dealing with the coroners’ court.

march 2009 2nd edition Papercover £45.00 (£40.50 for APIL members) + £4.00 inc mainland uK p&p ISBN 978 1 84661 115 5

Civil Court Service 2009“a very impressive and comprehensive service ... easy to navigate” Barrister, Guildhall Chambers, Bristol

Covering the whole range of cases in the civil courts, in one portable volume Civil Court Service (the Brown Book) is relied upon by lawyers and judges nationwide.

The 2009 edition is completely up-to-date with all the latest changes to the CPR and case-law, including:

• Radical changes to CPR Pt 6 Service of Documents

• New section comprising annotated Housing Statutes

• New Pre-Action Protocol for possession claims based on mortgage or home purchase plan arrears in respect of residential property

• Changes to Cost-capping Orders and other changes to the costs regime

• A new Practice Direction on the pre-action conduct of parties

• Guideline Hourly Rates for the Summary Assessment of Costs for 2009

2009 Edition Hardback + Cd ROm £199.00 inc mainland p&p ISBN 978 1 84661 175 9

April 2010 c750pp Papercover £75.00 inc mainland uK p&p ISBN 978 1 84661 180 3

Civil Costs Law and PracticeDr Mark Friston, Barrister, King’s Chambers, Manchester and Leeds

About the Author

dr mark Friston is an acknowledged expert in the field of costs and has appeared in many of the leading cases on costs in recent years. Chambers directory describe him as “[a] supremely forensic lawyer ... specific and precise ... able to deal with the number crunching aspects of costs with great aplomb.”www.kingschambers.com

NE

w E

dIT

ON

NE

w E

dIT

ON

Page 3: APIL Guide to RTA Liability Civil Costs NEw · provides a one-stop-shop for the law governing civil costs. Civil Costs: Law and Practice is essential reading for all civil litigators

Order form Please send me on 28 days’ approval

Copy(ies) of Civil Costs: Law and Practice (180 3) @ £75.00 inc mainland UK p&p* Copy(ies) of APIL Guide to Fatal Accidents (115 5) @ £45.00 + £4.00 mainland UK p&p* Copy(ies) of Civil Court Service (175 9) @ £199.00 inc mainland UK p&p* Copy(ies) of APIL Guide to RTA Liability (164 3) @ £50.00 + £4.00 mainland UK p&p*

PLEASE PRINT CLEARLY IN BLOCK CAPITALS All fields marked # must be completed

Title# First name# Surname#

Position# Firm/Organisation#

Address# (indicate if home or office)

Postcode#

Telephone# (landline) Fax

Email address#

Signature# Date

APIL membership number E966

Please tick method of payment

I enclose remittance for £ (cheques payable to Jordan Publishing Limited)

Please invoice me

Please charge my credit card. Specify which card you are using

Card no

Start date Expiry date Issue no (Maestro only)

Cardholder’s signature

NO STAmP REquIREdPlease return your order form to: Jordan Publishing Limited, FREEPOST BS8152, 21 St Thomas Street, Bristol BS1 6JS. Tel 0117 918 1492 Fax 0117 925 0486 www.jordanpublishing.co.uk

Jordan Publishing Limited is registered under no. 41470. Registered Office: 21 St Thomas Street, Bristol BS1 6JS. VAT Registration no GB 137 4442 71. All goods and services are provided on the terms of the Company’s Standard Conditions of Business, copies of which are available on application to the company. Prices are subject to change without prior notice. Online products are also subject to Terms and Conditions for the use of Digital Products. All Jordan Publishing Limited leaflets are printed on paper derived from sustainably managed forests. *Non-mainland UK and overseas orders incurring p&p will be charged at cost. DATA PROTECTION Your details are held for Jordans Limited, Jordans International Limited and Jordan Publishing Limited’s use only (which include our offices in major offshore locations). Apart from any use made in connection with our acting on your behalf – including for credit control reasons (only if you are a client) – we would only use your details to send you occasional materials on our products, services and events that we think may be of interest to you (as either a contact or a client). None of your details will be passed to third parties for any marketing purpose.

Tick here if you do not wish to receive mail from our UK office Tick here if you do not wish to receive mail from our overseas offices Tick here if you do wish to receive occasional emails from us

Covers all aspects of civil costs coupled with practical applications, detailed reference and precedents to offer a one-stop shop for the law governing civil costs

Civil CostsLaw and Practice

NEw

Dr Mark Friston, Barrister, King’s Chambers, Manchester and Leeds

Order now on 28 days’ approval

NE

wAPIL Guide to RTA LiabilityGeneral Editor: Andrew Ritchie qC, Barrister, 9 Gough Square, London

APIL Guide to RTA Liability is a major new addition to the APIL Guides series on this core area of PI practice. Written by a team of specialist PI lawyers, it provides detailed practical guidance.

The work is broken down into 26 accessible chapters, each focusing on a particular aspect of RTA liability. The narrative chapters are accompanied by useful materials and precedents.

APIL Guide to RTA Liability is an indispensable book for all PI practitioners.

march 2009 1st editon Papercover £50.00 (£45.00 for APIL members) + £4.00 inc mainland uK p&p ISBN 978 1 84661 164 3

Civil CostsLaw and Practice

Dr Mark Friston

Barrister, King’s Chambers, Manchester and Leeds