Costs lawyer
Encyclopedia
In English law, a costs lawyer is a legal professional concerned with legal costs who has attained rights of audience
and rights to conduct costs litigation.
Costs lawyers are concerned with all aspects of solicitor
costs that are controlled by both statute
and common law
. They are concerned with costs relating to all areas of the law and deal with every conceivable type of legal matter that touches upon the subject of costs. A costs lawyer's skill is as essential to successful litigation as that of a solicitor
or barrister
.
From January 2011, the Association of Law Costs Draftsmen changed its name to the Association of Costs Lawyers. The Association of Costs Lawyers was granted Authorised Body Status by The Association of Law Costs Draftsmen Order 2006 (S.I. 2006 no 3333) which came into force on 1 January 2007. The Association of Costs Lawyers is the new name for the Association of Law Costs Draftsmen since 1 January 2011
who had successfully passed the Association of Law Costs Draftsmen's training course, and had worked in costs for at least 5 years, would become a Fellow of the Association. The Fellow was then required to successfully complete an advocacy course to become a costs lawyer.
However the process to become a costs lawyer has changed. Anyone (who is not currently a fellow of the ACL) that now wishes to become a costs lawyer must complete the Association of Costs Lawyers' three year modular training course and pass both theory and practical exams in order to qualify. In addition they must also have been working in costs for at least 5 years.
Judge or a Circuit Court
Judge.
They hold rights of audience in all proceedings at first instance relating to costs before the Supreme Court of the United Kingdom
(and previously the House of Lords
) and the Judicial Committee of the Privy Council
.
They also have rights of audience in all determinations as to costs in Community Legal Service regulations, Criminal Defence regulations, under section 16 of the Prosecution of Offences Act 1985 and the costs in Criminal Cases (General) Regulations 1986.
A costs lawyer has the right to litigate under sections 64(3) and (4), 68, 69, 70, 71 and 74 of the Solicitors Act 1974
and any subsequent enactment of provisions thereof.
.
In civil cases "no win no fee" is the term used to describe the conditional fee agreement (CFA) between a law firm and their client. This is an agreement between the client and their lawyer, which will enable the lawyer to take on a case on the understanding that if they lose the case, the client will not have to pay their lawyer’s costs.
However if the lawyer wins the case they will be entitled to their standard fee plus an uplift referred to as a success fee. In English law, the success fee cannot be greater than 100% of the lawyer’s standard fee.
basis (i.e. in-house), all members of the association are required to produce proof by declaration from an insurer or broker that either as an individual or as a partner, director or employee of a firm of law costs draftsmen (i.e. freelance) work undertaken is protected by professional indemnity insurance cover to the value of at least £100,000 plus loss of documents cover.
Rights of audience
In common law, a right of audience is generally a right of a lawyer to appear and conduct proceedings in court on behalf of their client. In English law, there is a fundamental distinction between barristers, who have a right of audience, and solicitors, who traditionally do not ; there is no such...
and rights to conduct costs litigation.
Costs lawyers are concerned with all aspects of solicitor
Solicitor
Solicitors are lawyers who traditionally deal with any legal matter including conducting proceedings in courts. In the United Kingdom, a few Australian states and the Republic of Ireland, the legal profession is split between solicitors and barristers , and a lawyer will usually only hold one title...
costs that are controlled by both statute
Statute
A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...
and common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
. They are concerned with costs relating to all areas of the law and deal with every conceivable type of legal matter that touches upon the subject of costs. A costs lawyer's skill is as essential to successful litigation as that of a solicitor
Solicitor
Solicitors are lawyers who traditionally deal with any legal matter including conducting proceedings in courts. In the United Kingdom, a few Australian states and the Republic of Ireland, the legal profession is split between solicitors and barristers , and a lawyer will usually only hold one title...
or barrister
Barrister
A barrister is a member of one of the two classes of lawyer found in many common law jurisdictions with split legal professions. Barristers specialise in courtroom advocacy, drafting legal pleadings and giving expert legal opinions...
.
From January 2011, the Association of Law Costs Draftsmen changed its name to the Association of Costs Lawyers. The Association of Costs Lawyers was granted Authorised Body Status by The Association of Law Costs Draftsmen Order 2006 (S.I. 2006 no 3333) which came into force on 1 January 2007. The Association of Costs Lawyers is the new name for the Association of Law Costs Draftsmen since 1 January 2011
Qualification
From the introduction of costs lawyer status in 2007 until 2011 any law costs draftsmanLaw Costs Draftsman
In English law, a law costs draftsman is a specialist lawyer who settles the legal costs of a court case. The role of the law costs draftsman centres around a procedure known as the detailed assessment of costs, which is controlled by statute in England and Wales...
who had successfully passed the Association of Law Costs Draftsmen's training course, and had worked in costs for at least 5 years, would become a Fellow of the Association. The Fellow was then required to successfully complete an advocacy course to become a costs lawyer.
However the process to become a costs lawyer has changed. Anyone (who is not currently a fellow of the ACL) that now wishes to become a costs lawyer must complete the Association of Costs Lawyers' three year modular training course and pass both theory and practical exams in order to qualify. In addition they must also have been working in costs for at least 5 years.
Rights of audience
Costs lawyers have rights of audience in all proceedings being conducted under Parts 43 - 48 of the Civil Procedure Rules 1999 and under Part 52 with regard to appeals from detailed assessments before a High CourtHigh Court of Justice
The High Court of Justice is, together with the Court of Appeal and the Crown Court, one of the Senior Courts of England and Wales...
Judge or a Circuit Court
Circuit court
Circuit court is the name of court systems in several common law jurisdictions.-History:King Henry II instituted the custom of having judges ride around the countryside each year to hear appeals, rather than forcing everyone to bring their appeals to London...
Judge.
They hold rights of audience in all proceedings at first instance relating to costs before the Supreme Court of the United Kingdom
Supreme Court of the United Kingdom
The Supreme Court of the United Kingdom is the supreme court in all matters under English law, Northern Ireland law and Scottish civil law. It is the court of last resort and highest appellate court in the United Kingdom; however the High Court of Justiciary remains the supreme court for criminal...
(and previously the House of Lords
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
) and the Judicial Committee of the Privy Council
Judicial Committee of the Privy Council
The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom. Established by the Judicial Committee Act 1833 to hear appeals formerly heard by the King in Council The Judicial Committee of the Privy Council (JCPC) is one of the highest courts in the United...
.
They also have rights of audience in all determinations as to costs in Community Legal Service regulations, Criminal Defence regulations, under section 16 of the Prosecution of Offences Act 1985 and the costs in Criminal Cases (General) Regulations 1986.
A costs lawyer has the right to litigate under sections 64(3) and (4), 68, 69, 70, 71 and 74 of the Solicitors Act 1974
Solicitors Act 1974
The Solicitors Act 1974 is the Act of parliament in the United Kingdom governing the regulation and responsibilities of practicing solicitors, and the firms for whom they work, as well as stipulating under what circumstances one can practise as a solicitor...
and any subsequent enactment of provisions thereof.
Commissioners for oaths
A costs lawyer has the right to administer oaths and take affidavits under section 113 of the Courts and Legal Services Act 1990Courts and Legal Services Act 1990
The Courts and Legal Services Act 1990 was an Act of the Parliament of the United Kingdom that reformed the legal profession and Courts of England and Wales...
.
Costs payable between parties
The unsuccessful litigant is usually ordered to pay the successful litigant’s costs and, if those costs cannot be agreed, a detailed bill of costs is prepared and served. The paying party then has to serve a schedule of points of those items in the bill he wishes to dispute before the bill is lodged at court and a detailed assessment hearing takes place at which the points are argued and a decision made by the court. A costs lawyer can be involved in all the necessary procedural steps for either party and can also be involved in preparing case budgets.In civil cases "no win no fee" is the term used to describe the conditional fee agreement (CFA) between a law firm and their client. This is an agreement between the client and their lawyer, which will enable the lawyer to take on a case on the understanding that if they lose the case, the client will not have to pay their lawyer’s costs.
However if the lawyer wins the case they will be entitled to their standard fee plus an uplift referred to as a success fee. In English law, the success fee cannot be greater than 100% of the lawyer’s standard fee.
Solicitor and client costs
These are costs payable by a client to his own solicitor. Different rules apply to the costs where court proceedings have been commenced, known as contentious business, to those applicable to non-contentious matters such as conveyancing, probate and general advice. A client who is unhappy with his solicitor’s bill has remedies available if he wishes to challenge it. If either the client or the solicitor is dissatisfied with the outcome of that request or if the bill relates to contentious business, either the client or the solicitor may apply to the court for the bill to be assessed. A costs lawyer may be instructed to prepare a detailed bill of costs for assessment, to advise on law and procedure and, subsequently, if instructed by a solicitor or a litigant, to argue in support or to oppose the bill.Public funded (legal aid) costs
Where a solicitor is representing a publicly-funded client, a detailed bill is usually required to be assessed either by the court or the Legal Services Commission before payment can be made out of the community legal fund to the solicitor. Whilst such bills are usually assessed without any formal hearing, if an amount has been disallowed in respect of which the solicitor wishes to object, an appointment can be obtained and the matter argued at a hearing. In criminal cases, the objections to an amount disallowed are usually made in writing and, often, a costs lawyer will be instructed to prepare the written submissions.Compliance with rules and regulations
The ACL has bylaws, a code of conduct, regulations and rules that all members are required to comply with at all times. New members are required to certify that they have read all bylaws, a code of conduct, regulations and rules and agree to be bound by these.Continuing professional development
All members, except retired and affiliate members, are required, to undertake 12 hours in continuing professional development each year.Insurance
With the exception of those costs lawyers who work exclusively in a solicitor’s office on a PAYEPAYE
Pay as you earn or PAYE refers to a system of withholding of income tax from payments to employees. Amounts withheld are treated as advance payments of income tax due. They are refundable to the extent they exceed tax as determined on tax returns. PAYE may also refer to withholding of the...
basis (i.e. in-house), all members of the association are required to produce proof by declaration from an insurer or broker that either as an individual or as a partner, director or employee of a firm of law costs draftsmen (i.e. freelance) work undertaken is protected by professional indemnity insurance cover to the value of at least £100,000 plus loss of documents cover.