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详细
An authoritative and comprehensive work covering all aspects of civil costs coupled with practical applications, detailed references and precedents.
Civil Costs: Law and Practice spans the whole world of costs from before the retainer to after the final costs certificate. It is written in the style of a traditional textbook, and is indexed and structured in such a way that the law can be found quickly and reliably. Its balanced treatment of contentious topics is well-liked by judges, whilst advocates appreciate its pinpoint accuracy in so far as citations are concerned. Legislation and cases are extensively quoted, and the footnotes have been described as “magnificent”.
What’s new?
The second edition includes extensive revisions and updates including:
- Extensive revisions bringing the law up to date to 15 April 2012
- A re-written chapter on Part 36 Offers
- Introductory material on the ‘Jackson’ reforms
- A subchapter on costs budgeting
- New material on the SRA Code of Conduct 2011
- A section on litigation involving public bodies and the Crown
Civil Costs: Law and Practice is essential reading for all civil litigators (especially costs lawyers), costs draftsmen, solicitors with management responsibilities and the judiciary.
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Introduction
- The History of Costs
- The Language of Costs
- The Status of the Rules Governing Costs
- The Court's Powers
The Law of Costs
- The Nature of Costs
- Orders for Costs (Jurisdiction and Discretion)
- Orders for Costs (Types of Order)
- Retainers (General Principles)
- Conditional Retainers (Conditional Fee Agreements)
- Errors in Retainers
- The Indemnity Principle
- Points of Law
- The Bases of Assessment (Indemnity Basis and Standard Basis)
- Acceptance of Part 36 offers and ‘Beating' Defendant's Part 36 offers
- Costs Capping
- Security for Costs
The Practice of Costs (Solicitor and Client)
- Invoices and Bills
- Solicitor and Client Assessments
- Compromise and Alternatives to Statutory Assessments
- Solicitors' Rights and Remedies: Proceedings, Lien, and Charging Orders
The Practice of Costs (Between the Parties)
- Detailed Assessments between Opposing Parties
- Summary Assessments
- Appeals
- Evidential Issues
- Representation and Rights of Audience
The Quantum of Costs (Solicitor and Client)
- The Basis of Assessment between Solicitor and Client
- Quantum between Solicitor and Client
The Quantum of Costs (Between the Parties)
- Hourly Rates
- Additional Liabilities
- Disbursements
- Counsel's Fees
- Fixed Costs, Costs on the Small Claims Track, and Fast Track Costs
- Points of Principle
- Value Added Tax
- Interest Between Opposing Parties
Particular Circumstances
- Contracts and Trusts
- Specific Types of Party
- Specific Types of Litigation
- Costs Against the Courts Service
- Third-Party Funding
- Precedents
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Dr Mark Friston, Barrister (1997 call, previously qualified as a medic), Kings Chambers, Manchester
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."
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"the Bible of the legal costs world ... whenever a complex legal costs issue arises on detailed assessment, this is the book that costs judges will reach for to resolve the issue ... head-and-shoulders above any other costs book on the market ... there is not a single proposition put forward that does not have a detailed corresponding reference for the authority ... on the rare occasion where the writer’s opinion alone is being given, this is made crystal clear ... dealing with real, practical issues ... written primarily as practitioners’ text, however, sections of it will be invaluable to students taking the Association of Law Costs Draftsmen’s Modular Training Course ... full of gems that even experienced costs practitioners will have either never come across or long since forgotten ... if you haven't ordered a copy, do so now"
GWS LAW
"a new and refreshing work ... reader friendly ... practical and sensible guidance ... overing all topics concerning the assessment of civil costs ... should find its place near to every civil litigator and judge ... I would commend to student and experienced practitioner"
COSTS LAWYERS
“a breath of fresh air over cost orders … in 1200 pages with a great index and 41 chapters, this authoritative and comprehensive work ranks highly with the most well known annual title … [includes] references to many authorities which are difficult to find elsewhere … a worthy book … advocates do not go into the judicial argument unprotected if they have Civil Costs with them”
Phillip Taylor MBE and Elizabeth Taylor, Richmond Green Chambers
“the obvious question is which one do I buy (Cook or Friston?) both is the answer … an exhaustive technical encyclopaedia of costs … points are covered in exquisite details … footnotes are magnificent … those on the frontline of costs disputes should have this work surgically attached to them … significant contribution to the vast cost landscape”
New Law Journal
"a good book, and one that I am pleased to have in my library"
The Austrialian Professional Liability Blog
