Costs lawyers have earned their long-awaited right to litigate, says Sue Nash
It is now more than seven years since costs lawyers were granted independent rights to conduct litigation and advocacy, but that fact is not stopping some other lawyers challenging their legitimacy.
The evidence we have to date is anecdotal, but there have been enough reports from our members of ambushes at hearings to take it very seriously. There is no basis in law for these challenges; the only possible reason is the hope of a tactical advantage by removing an experienced costs lawyer from the game.
Absolute right
We instructed well-known costs counsel Roger Mallalieu of 4 New Square to set out the position, and his advice could not have been clearer: Costs lawyers have an absolute right as conferred upon them by the Legal Services Act 2007 to conduct all costs proceedings within the limits of their statutory powers (essentially, all costs matters)—regardless of the circumstances in which they are retained or employed.
The challenges have largely arisen
