Podcast Location:
Download it here [file size: 25.8 MB]
Categories:
Costs & Funding
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast is aimed primarily at solicitors but will also be of interest to any practitioner engaged in litigation. It addresses the approach practitioners should take towards costs, having regard to the basis of assessment and the twin factors of proportionality and reasonableness. In doing so it calls attention to the practice of setting an hourly rate.

The podcast then goes on to discuss the procedural aspects of a detailed assessment, including venue, good points to raise in pleadings and replies and interim cost payments. Who pays for the costs of cost proceedings, when is conduct relevant to assessment, how can offers to settle assist and when can appeals be made?

Outcomes:
After completing the course you will:
  • Understand the realistic approach practitioners should take to assessing costs;
  • Know the basis of assessment of costs and the relevance of reasonableness and proportionality;
  • Understand the imporatance of selecting the correct hourly rate;
  • Understand the procedural aspects of a detailed cost assessment including venue, points to raise in pleadings, preliminary issues and interim orders;
  • Know who pays for the cost of cost proceedings;
  • Be aware of the value in making offers to settle and the importance of conduct throughout.
Level:
General Interest Difficulty: 2 of 5
Classification:
Practical Guide
Procedural
Sources and References:
  • CPR Part 43-48 and PDs;
  • Lowndes v Home Office [2002] EWCA Civ 365.
Tags:

This podcast focuses on disputes arising between parties in litigation concerning costs. It is concerned primarily with detailed cost assessment and the relevant practices and formal procedures that practitioners should be aware of.

Podcast added: 02/06/2011

Podcast last reviewed: 2012-02-27

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