Most 12KBW barristers are regularly instructed at costs management hearings and on other issues, such as the consequences of Part 36 offers and litigation arising from the Jackson Reforms, including qualified one-way costs shifting (“QOCS”). Regardless of the size of the case, our barristers instructed in the substantive claim can also argue the important points relating to costs and budgets, without the need to instruct separate costs experts.
We also have a team of specialists in costs disputes, predominantly, but not exclusively, arising from personal injury litigation. This team regularly represent parties in high-value detailed assessments in the Senior Courts Costs Office, as well as arguing both technical and general costs points at all levels from the Supreme Court to the County Court.
12KBW costs barristers give realistic and practical advice to both receiving and paying parties. In detailed assessments arising from concluded personal injury cases, instructing a PI barrister with a costs specialism means that the barrister understands the underlying litigation – this can be of great value to clients on both sides of a costs dispute. Several of our costs barristers sit as civil judges, giving them an added insight into current costs issues and concerns.
Our barristers have, in the last 20 years, been instructed in key cases concerning the enforceability of conditional fee agreements, Part 45 and fixed success fees, the level of ATE premiums, interest on costs, solicitors’ hourly rates in high value cases, and the relevance of costs estimates.
Notable recent 12KBW cases include Coventry v Lawrence, the landmark Supreme Court decision on the compatibility of CFA uplifts and ATE insurance premiums with the ECHR, and Shaw v Merthyr Tydfil County Borough, a Court of Appeal case on the consequences of a non-compliant Part 36 offer.
Costs Master Jason Rowley of the SCCO is the former Chief Executive of 12KBW.