Friston on Costs 4th ed

Friston on Costs is the acclaimed and often-cited authority on the law of costs.

Separated into sixteen well-defined and easily navigable parts, this substantial and encyclopaedic text covers all aspects of the law of civil costs from funding and contracts of retainers, all the way through to the assessment of costs (both between opposing parties and between solicitor and client). The fourth edition has been updated to take into account the considerable number of authorities on this difficult and technical topic. Areas of interest to specialists have also been expanded upon, such as the recoverability of the costs of inquests, the costs of solicitors who act in their own cause, and disclosure of litigation funding.

Friston features thorough cross-referencing throughout, enabling the user to easily locate answers to even the most complex of costs issues. It is an invaluable resource for costs judges, academics, and practitioners alike.

table of content

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