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03 July 2014 / Sue Nash
Issue: 7613 / Categories: Opinion , Profession , Costs
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Setting the record straight

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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

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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
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