header-logo header-logo

20 September 2007 / A Mcgee , P Hughes , M Friston , M Smith
Issue: 7298 / Categories: Features , Costs
printer mail-detail

Costs privilege (2)

The costs team at Kings Chambers explains how privileged material is dealt with during detailed assessments

The subject matter of detailed assessments in costs litigation is often privileged. However, privileged material may come before the court by way of filing at court or by way of election.

PROPORTIONALITY AND ELECTION

In South Coast Shipping Co Ltd v Havant Borough Council [2001] EWHC 9017 (Costs), [2002] 3 All ER 779, concerning a disputed retainer, Mr Justice Pumfrey made the following observations, which at first blush seem to suggest that a costs judge can decline to put a party to his election on the grounds of proportionality:

“I would expect that in the great majority of cases the paying party would be content to agree that the costs judge alone should see privileged documents. Only where it is necessary and proportionate should the receiving party be put to his election.”

In Dickinson (t/a Dickinson Equipment Finance) v Rushmer (t/a FJ Associates) [2002] 1 Costs LR 128, [2001] All ER (D)

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll