Costs work is for the costs experts

The role of the Costs Lawyer features in the recent report – Reforming legal services: Regulation beyond the echo chambers – from Professor Stephen Mayson. This wide ranging report covers all aspects of the regulation of legal services. In the report he highlights the specialist nature of legal costs work which is often carried out…

Refusal to engage in ADR can be very expensive

A recent judgment emphasises the need for realistic consideration of ADR in litigation – DSN v Blackpool Football Club Ltd – https://www.bailii.org/ew/cases/EWHC/QB/2020/670.html The case involved allegations of sexual abuse. The football club robustly defended the case. At the trial on 13th March 2020, the Claimant succeeded. The Defendants were vicariously liable and ordered to pay…

In Other News

In a case reported in Litigation Futures, a medical expert has been ordered to pay costs of £89,000. Remarkably the expert, Mr Jamil was “wholly unable to articulate the test to be applied in determining breach of duty in a clinical negligence case” Unfit expert hit with £89k third-party costs order In another case there…

QOCS and set off

Qualified One Way Costs Shifting, known to its friends as QOCS, was introduced in 2013. The idea was to secure access to justice by limiting the circumstances in which a losing claimant could be required to pay the costs of the other side. In fact, there have been numerous problems with the scheme which has…