Offering comprehensive and objective costs advice can prevent defendants being surprised by high costs liabilities, says Murray Heining
The amounts of costs claimed after a successful claim often come as a surprise to defendants because the opponent’s bill is significantly higher than they expected it would be. Sometimes they are the authors of their own misfortune and are the cause. This is particularly so where they have little knowledge of the law and litigation procedures. Even where the defendant is experienced in litigation processes reasons for high levels of costs are often not understood.
Costs lawyers are rarely instructed on their behalf before the damage has been done. Not infrequently, defendants are absolutely right to be shocked at the costs claims delivered—sadly, all too often claims are overstated with little or no regard as to what may reasonably be claimed.
Expect the unexpected
It is open to any litigant to bring or defend litigation. When the case or defence is reasonably arguable, they should not be criticised for so doing. However, if the claim or defence is weak
