Friston on Costs

This is the fourth edition of the leading authority on the law and practice of civil costs. It has been substantially revised to accommodate changes in the law and is an essential resource for judges, solicitors, counsel, and other costs practitioners.

List 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

About the author

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.

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.

Additional text

Friston is highly recommended for anyone operating within civil litigation, whether as a litigation lawyer, a costs lawyer or a costs judge - its utility cannot be overstated.

Product details

• Authors: Mark (Barrister Friston
• Assisted by: Friston (Editor), Mark Friston (Editor), Friston Mark (Editor)
• Publisher: Oxford University Press
• Languages: English
• Product format: Hardback
• Released: 04.05.2023
• EAN: 9780192869081
• ISBN: 978-0-19-286908-1
• No. of pages: 2328
• Subjects: Social sciences, law, business > Law > International law, foreign law; England, Wales, LAW / Civil Procedure, LAW / Civil Law, LAW / Litigation, Private or civil law: general, Civil procedure, litigation & dispute resolution, Private / Civil law: general works, Legal system: costs & funding, Legal systems: costs and funding