header-logo header-logo

08 January 2020 / David Cooper
Issue: 7869 / Categories: Features , Costs
printer mail-detail

Costs recovery: taking charge

13681
David Cooper breaks down the costs ruling in Monex
  • Recovery: understanding costs law.
  • Assessment: a reasonable and proportionate sum.
  • The Monex transcript: applying the test of reasonableness and proportionality.
  • Comment: a costs comparison.

It is bewildering when it appears that what should be a fundamental and straightforward understanding of law and practice nevertheless generates arguments before the court, with a consequent expenditure of substantial time and resources.

One of these fundamental elements is for a lawyer to know not only what they can charge but also what to advise clients about the extent of their entitlement to charge and, where costs are recoverable from another party, the extent to which this could happen.

Recovery

The issue of recovery will, of course, have a major impact on the client and may also affect what the lawyer can charge them. So you need to understand costs law—this goes for those handling non-contentious work given how often they can turn litigious.

A recent case that has highlighted the issue of understanding basic principles is Monex Europe Ltd v Charles Pothecary and

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

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
back-to-top-scroll