Welcome to the 1st Edition of 39 Essex Chambers’ Costs Newsletter! We are thrilled to re-introduce a formidable and active costs team headed up by Peter Hurst, retired Senior Costs Judge, and driven by silks, senior juniors, and juniors together holding 11 separate directory rankings and each with a significant practice in costs. We are supported by an incredible team of staff who remain ready, willing and able to assist our clients.
The team is energised, and Covid-19 cannot hold us back! You will see a number of initiatives roll out this year, including the launch of our in-house full Costs Mediation Service offering mediators, costs barristers and premises in one!
For now, as you sweep up what’s left of the Easter Bunny’s delights, enjoy this first edition which includes much thought pre-final order: a review of when, following a successful Defendant’s Part 36 offer, indemnity costs might be ordered, whether adverse costs can be set-off in a QOCS case, how much thought should be given to interest provisions in a Part 36 offer, whether it is possible to contract out of fixed costs and a highly unusual non-party costs order against a medical expert. We also consider the recent battles of Funders with the possible demise of the Arkin cap, and solicitors’ own duties to funders with respect to disclosure of counsel’s opinion with adverse prospects. Turning to the assessment of costs stage, we consider the requisite threshold for compliant PoDs, and we also look at a case where the solicitors terminated a CFA in circumstances where the client did not take their advice on a potential offer. And just before you think you may have “good reason to depart” now, we update you on the meaning of that phrase vis-à-vis an approved budget and round up with a report from the first case in the Capped Costs Pilot.
See here to read the full newsletter.