Costs Round Up #61

Hi and welcome to our Costs Round Up, the 5 minute read that enlightens, brightens and informs on the week in legal costs news.

Costs Law case of the week has to be the continued reporting and analysis on (last week’s) High Court judgment by the senior costs master, Master Gordon-Saker in BNM v MGN Limited.  Twitter was dominated by analysis and interpretation on this case where a reasonable costs bill was then spectacularly halved during the conclusion of the detailed assessment process. 

 So is this case specific or of broader appeal? You decide.

Speaking of costs case law, Barrister Gordon Exall over at Civil Litgation Brief is always worth a read and this article on a decision by District Judge Besford on Sutherland –v- Khan entitled “Part 36 indemnity costs when a Defendant accepts out of time”  is a great introduction. 

Big picture topics were considered by the judiciary this week with Lord Sumpter delivering a thought provoking speech (to the RCS) commenting in particular on family law and deliberating on the advantages and disadvantages of specialization in law to a somewhat mixed reception.  As @SVPhilimore succinctly shared on Twitter, “a drowning man needs a lifeboat not a lecture on the ancient sea Gods” and they may well have a point…

The Law Society Gazette also wrote this article on a speech by Lord Dyson at Leeds Law Society on fixed recoverable costs and where he reportedly commented that the quality of service provided by Solicitors delivering civil justice was ‘impressive, but who can afford it?’ 

He is also reported to have commented at the event on costs budgeting, predicting that fixed costs would also reduce the need for costs budgeting, whilst concluding ‘I am horrified that costs litigation is now a recognised specialism.’

Oh dear and it was all going so well…

But enough of this introspection! 

For a new idea and a novel approach to legal services this legal futures article on enterprising law firm BC Legal makes for very interesting reading : 

“If we create goodwill through marketing, somewhere down the line business will be generated. If not, we will be looking after our existing clients. There will be very little fee-earning. The hub is not finance-driven. It is goodwill-driven.”

What do you think: innovative idea or foolhardy venture?

We couldn’t let the week pass without a small reference to CCMS where a “system issue” led to the disappearance of all work from 12 pm 7th June to 2pm 8^th June all of which will need to be re-submitted.

And finally, this week at John M Hayes, I travelled to meet up with the team at Manchester for a grand day out, Bristol Office also had a great evening rock climbing and Michael Fitzpatrick continued to inspire us all on his road to recovery.

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 Until next week!