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13 September 2007 / A Mcgee , P Hughes , M Friston , M Smith
Issue: 7288 / Categories: Features , Costs
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Costs privilege

In the first of two articles, the costs team at Kings Chambers explains how privileged material can be disclosed in costs litigation

Costs litigation is litigation without disclosure of the type familiar in other civil litigation. This is because the subject matter of the assessment is, by its nature, often privileged.

With certain narrow exceptions, the court has no power to order a party to disclose privileged material. There are, however, two (linked) mechanisms by which privileged material may come before the court; these are by way of filing the relevant material at court (“filing”) and by way of “election”.

FILING

The costs practice direction (CPD), supplementing Pts 43 to 48 of the Civil Procedure Rules (CPR), states at s 40.11 that, unless the court directs otherwise, the receiving party must file with the court the papers in support of the bill not less than seven days before the date for the detailed assessment and not more than 14 days before that date.

The papers to be filed and

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NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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