Friston on Costs

Dr Mark Friston of Hailsham Chambers in London has practised costs law for over 25 years. He is widely recognised as a leading expert on costs and has a particular interest in transactional costs (namely, the contractual aspects of costs and funding, and investment in legal services in general). He has also sat as Deputy Master in the Senior Courts Costs Office for more than a decade.

• I. History and development of costs 1: A Brief History of Costs II. Introduction to the law of costs 2: The Language of Costs 3: The Nature of Costs 4: The Status of the Rules Governing Costs 5: The Courts Powers Regarding Costs III. Orders for costs 6: Orders for Costs (Jurisdiction and Discretion) 7: Orders for Costs (Particular Types of Order and Specific Circumstances) 8: Orders for Costs (Qualified One-way Costs Shifting) 9: Orders for Costs (Non-party Costs Orders and Wasted Costs) 10: Orders for Costs (Clarification and Revision of Orders) 11: Orders for Costs (Costs-only Proceedings) IV. Orders regarding costs 12: Costs Management and Cost Budgeting 13: Costs Capping and Related Topics 14: Payments on Account of Costs 15: Security for Costs V. Bases of costs and Part 36 16: The Bases of Assessment (Indemnity Basis and Standard Basis) 17: Part 36 Offers VI. Points of law regarding costs 18: The Indemnity Principle 19: Plural Liability for and Plural Entitlement to Costs 20: Distribution: Apportionment and Division of Costs 21: Mutual Liabilities and Set-off 22: Agency and Costs 23: Finality, Delay and Limitation 24: Human Rights and the Law of Costs VII. The overriding objective, proportionality and relief from sanctions 25: Proportionality and Costs 26: The Overriding Objective, Collective Proportionality and Relief from Sanctions VIII. Agreements between legal services provider and client 27: Contracts of Retainer and Other Such Contracts 28: Contracts of Retainer, etc (Consumer Issues) 29: Contracts of Retainer (Conditional Fee Agreements and Damages-based Agreements) 30: Contracts of Retainer (Champerty and Maintenance) 31: Contracts of Retainer (Interpretation and Implied Terms) 32: Contracts of Retainer (Transfer of Contracts of Retainer and the Management of Errors) IX. Agreements with Funders and Insurers 33: Litigation Funding 34: Legal Expenses Insurance X. Costs as between solicitor and client 35: Invoices and Bills 36: Solicitor-and-client Assessments 37: The Basis of Assessment between Solicitor and Client 38: Quantum between Solicitor and Client 39: Clients Rights and Remedies and Disputed Compromise 40: Solicitors Rights and Remedies (Proceedings, Lien, Charging Orders and Equitable Interference) XI. Practice Issues 41: Legal Project Management 42: Value-based Pricing and Practising without Recording Time XII. Assessments, appeals and Alternative Dispute Resolution between opposing parties 43: Detailed Assessments between Opposing Parties 44: Summary Assessments 45: Costs Appeals and Reviews 46: Evidential Issues and Privilege 47: Representation and Rights of Audience 48: Alternative Dispute Resolution of Costs Disputes XIII. Quantification of costs between opposing parties 49: The Assessment of Costs in General (Including the Assessment of Time) 50: Fixed Costs, Costs on the Small Claims Track and Fast-track Costs 51: Hourly Rates 52: Disbursements and Expenses 53: Counsel's Fees 54: Additional Liabilities 55: Value Added Tax 56: Interest between Opposing Parties 57: Conduct and Misconduct, and the Quantum of Costs 58: Legislative Fetters on the Recovery of Costs XIV. Particular persons 59: Litigants in Person and Lawyers who Act in their Own Cause 60: Children, Protected Persons, and Litigation Friends 61: Public Bodies and the Crown 62: Costs Against Legally Aided Persons 63: Road Traffic Insurers and Liability for Costs 64: Costs Against the Courts Service XV. Particular circumstances 65: Group Litigation, Derivative Claims and Representative Claims 66: Contracts, Mortgages, and Trusts 67: Public Law and Judicial Review XVI. Materials 68: Tables

Review from previous edition Anyone thinking of writing a comprehensive guide to the law and history of civil costs should concede defeat now and accept that they could never emulate what ought now be to be regarded as the definitive bible of this generation.