Friston on Costs

by Friston, Mark

• ISBN13: 9780192869081
• ISBN10: 0192869086
• eBook ISBN(s): 9780192695758
• Additional ISBN(s): 9780198823322
• Edition: 4th
• Format: Hardcover
• Copyright: 2023-09-13
• Publisher: Oxford University Press
• More Book Details

Summary

Friston on Costs is the acclaimed and often-cited authority on the law of costs.

Separated into sixteen well-defined and easily navigable parts, this substantial and encyclopaedic text covers all aspects of the law of civil costs from funding and contracts of retainers, all the way through to the assessment of costs (both between opposing parties and between solicitor and client). The fourth edition has been updated to take into account the considerable number of authorities on this difficult and technical topic. Areas of interest to specialists have also been expanded upon, such as the recoverability of the costs of inquests, the costs of solicitors who act in their own cause, and disclosure of litigation funding.


Friston features thorough cross-referencing throughout, enabling the user to easily locate answers to even the most complex of costs issues. It is an invaluable resource for costs judges, academics, and practitioners alike.

Author Biography

Mark Friston, Barrister, Hailsham Chambers

Dr Mark Friston of Hailsham Chambers in London has practised costs law for over 25 years. He is widely recognised as a leading expert on costs and has a particular interest in transactional costs (namely, the contractual aspects of costs and funding, and investment in legal services in general). He has also sat as Deputy Master in the Senior Courts Costs Office for more than a decade.

Table of Contents

I. History and development of costs
1. A Brief History of Costs
II. Introduction to the law of costs
2. The Language of Costs
3. The Nature of Costs
4. The Status of the Rules Governing Costs
5. The Courts Powers Regarding Costs
III. Orders for costs
6. Orders for Costs (Jurisdiction and Discretion)
7. Orders for Costs (Particular Types of Order and Specific Circumstances)
8. Orders for Costs (Qualified One-way Costs Shifting)
9. Orders for Costs (Non-party Costs Orders and Wasted Costs)
10. Orders for Costs (Clarification and Revision of Orders)
11. Orders for Costs (Costs-only Proceedings)
IV. Orders regarding costs
12. Costs Management and Cost Budgeting
13. Costs Capping and Related Topics
14. Payments on Account of Costs
15. Security for Costs
V. Bases of costs and Part 36
16. The Bases of Assessment (Indemnity Basis and Standard Basis)
17. Part 36 Offers
VI. Points of law regarding costs
18. The Indemnity Principle
19. Plural Liability for and Plural Entitlement to Costs
20. Distribution: Apportionment and Division of Costs
21. Mutual Liabilities and Set-off
22. Agency and Costs
23. Finality, Delay and Limitation
24. Human Rights and the Law of Costs
VII. The overriding objective, proportionality and relief from sanctions
25. Proportionality and Costs
26. The Overriding Objective, Collective Proportionality and Relief from Sanctions
VIII. Agreements between legal services provider and client
27. Contracts of Retainer and Other Such Contracts
28. Contracts of Retainer, etc (Consumer Issues)
29. Contracts of Retainer (Conditional Fee Agreements and Damages-based Agreements)
30. Contracts of Retainer (Champerty and Maintenance)
31. Contracts of Retainer (Interpretation and Implied Terms)
32. Contracts of Retainer (Transfer of Contracts of Retainer and the Management of Errors)
IX. Agreements with Funders and Insurers
33. Litigation Funding
34. Legal Expenses Insurance
X. Costs as between solicitor and client
35. Invoices and Bills
36. Solicitor-and-client Assessments
37. The Basis of Assessment between Solicitor and Client
38. Quantum between Solicitor and Client
39. Clients Rights and Remedies and Disputed Compromise
40. Solicitors Rights and Remedies (Proceedings, Lien, Charging Orders and Equitable Interference)
XI. Practice Issues
41. Legal Project Management
42. Value-based Pricing and Practising without Recording Time
XII. Assessments, appeals and Alternative Dispute Resolution between opposing parties
43. Detailed Assessments between Opposing Parties
44. Summary Assessments
45. Costs Appeals and Reviews
46. Evidential Issues and Privilege
47. Representation and Rights of Audience
48. Alternative Dispute Resolution of Costs Disputes
XIII. Quantification of costs between opposing parties
49. The Assessment of Costs in General (Including the Assessment of Time)
50. Fixed Costs, Costs on the Small Claims Track and Fast-track Costs
51. Hourly Rates
52. Disbursements and Expenses
53. Counsel's Fees
54. Additional Liabilities
55. Value Added Tax
56. Interest between Opposing Parties
57. Conduct and Misconduct, and the Quantum of Costs
58. Legislative Fetters on the Recovery of Costs
XIV. Particular persons
59. Litigants in Person and Lawyers who Act in their Own Cause
60. Children, Protected Persons, and Litigation Friends
61. Public Bodies and the Crown
62. Costs Against Legally Aided Persons
63. Road Traffic Insurers and Liability for Costs
64. Costs Against the Courts Service
XV. Particular circumstances
65. Group Litigation, Derivative Claims and Representative Claims
66. Contracts, Mortgages, and Trusts
67. Public Law and Judicial Review
XVI. Materials
68. Tables