LawyerJULY/AUGUST 2014 | ISSUE 4 Costswww.costslawyer.co.uk Opportunity knocks A new profession takes shape Practice rights ACL faces down ‘malevolent’ threats Transferring CFAs Assignments versus novations explained Changing times New CPR 3.8 analysed ACL conference Manchester Friday 24 October Hilton Manchester Deansgate SAVE THE DATE Confirmed speakers include: ■ Costs Judge Master Leonard ■ Alexander Hutton QC Hailsham Chambers ■ Regional Costs Judge Besford North Eastern Circuit ■ Jonathan Dingle London School of Mediation Confirmed topics include: ■ New model form bill of costs – latest developments ■ The new guideline hourly rates – implications for costs lawyers ■ ADR and mediation ■ The latest legal developments For more information, ■ The future of the costs lawyer profession please email Diane Pattenden ■ Panel discussion at [email protected] or call the ACL office on0203 174 0967 03 CostsLawyer Editor ’s comment JULY/AUGUST 2014 | ISSUE 4 y first two of Costs Lawyer. Our cover story examines Editor Richard Parnham months as editor the ACL’s recently refreshed qualification, [email protected] Mof Costs Lawyer and highlights its new focus on issues such have been a whirlwind of as advanced civil procedure and business activity. In my first week, management. Useful insights are also provided Chairman I was privileged to meet in our final Annual Conference report beginning Sue Nash Vice Chairman a large cross section on page 30, which explores the possible future Position vacant of the profession at the career options open to costs lawyers. Treasurer ACL Annual Conference. To help our readers make sense of this brave Stephen Averill Then, just as our printing presses were about new world, we’ve decided to extend the focus of Secretary to roll, the Court of Appeal heard three Costs Lawyer magazine beyond the black letter Claire Green combined cases on the proper application law aspects of professional life, and also include Council members of the Mitchell principles regarding trivial market developments within the profession – James Barrett breaches of timetables – but, frustratingly, effectively, the practicalities of running a Robert Connelly reserved its judgment. We’ll therefore modern cost law practice. And, as part of Robert Cook update our readers on the outcome of this this evolution, I’d encourage firms to let me David Cooper important ruling via our e-bulletin service. know about their innovations, appointments Francis Kendall and expansions. Why not drop me a line at Jon Lord This sense of dynamism is carried across [email protected]? Chief Executive Officer into several articles contained in this edition Richard Parnham, Editor Maurice Cheng All other enquiries to Diane Pattenden [email protected] Contents Closing date for September/October issue will be 11 July 2014 Visit the ACL website at www.costslawyer.co.uk Costs Lawyer is edited and designed by Archant Dialogue, Prospect House, Rouen Road, Norwich, NR1 1RE. Tel: 01603 664 242 Production Editor Louise Hoffman Designer Deb Murray Ad Production Controller Charlotte Riches 22 Time extensions 24 Costs orders 26 Transferring CFAs Account Director Catherine Goad Creative Director Nick Paul Publishing Director Zoë Francis-Cox Regulars Features ■ 26 Delicate manoeuvres Material submitted for publication is ■ News ■ A new profession welcomed by the editor. He is, however, 04 10 Transferring CFA files by unable to guarantee publication in any takes shape ■ 09 Opinion novation or assignment specific issue and reserves the right to The newly revised ACL amend or edit any article submitted. All ■ advertisements and contributions are ■ 16 Regulatory costs lawyer qualification 28 Collaborations accepted on the understanding that the and CCMS ■ The next generation authors are responsible for opinions ■ 17 Legal update 14 An update from the expressed and these do not necessarily Reflecting on student years ACL’s Legal Aid Group represent the views of the Association of ■ 34 Profile Costs Lawyers or Archant Dialogue, who do ■ 22 Changing times not accept any liability for any error, omission Michelle Farlow of Deborah ■ 29 Family matters or misstatement by any contributor in any Burke Consulting Time extensions following Expert report costs in material published. Material in this journal is the amendment to CPR 3.8 the new family court the property of the Association of Costs Lawyers and cannot be copied without the ■ Double trouble 24 ■ ACL Conference written permission of the editor. 30 Filing budgets late – and Proportionality, photos and then losing the case COVER PHOTO: ©IKON IMAGES/ALAMY the future of the profession JULY/AUGUST 2014 | ISSUE 4 04 05 News News National costs law practice makes an NEWS IN BRIEF Mitchell: CoA reserves judgment First fundamental dishonestly QoCs Costs lawyers looking for definitive the Bar Council as one of the their Lordship’s responses to the case claimed innovative push for pricing work guidance on how to deal with minor interveners in the case, urged arguments put to them, may wish 9 Gough Square barristers John Foy QC and Simon case management breaches practitioners seeking relief to review Gordon Exall’s Civil It was a key theme at the recent anonymised its survey data, Bridle have acted on what is post-Mitchell will have to wait a little from sanctions to obtain an Litigation Brief blog, where key ACL conference – how costs Burcher Jennings then aims to believed to be the first finding longer, after the Court of Appeal adjournment. “The way Mitchell aspects of the Court of Appeal lawyers can diversify their revenue produce half-yearly reports, of fundamental dishonesty opted to reserve its judgment on is being applied will change,” he hearings are summarised. streams, in the face of challenges where its findings are analysed. under the newly qualified three joined cases. The three predicted via Twitter, within such as automation. Now one of The scale of the research is one-way costs shifting (QoCs) disputes, Decadent Vapours Ltd v minutes of the reserved judgment the largest employers of costs ambitious – the costs law practice provision of CPR 44. In Gosling v Bevan, Denton & Ors v TH White Ltd announcement being made. Earlier, lawyers in the country has firmly has offered the first 500 law firms Screwfix and Anr, an unreported & Anr and Utilise TDS Limited v Friston had tweeted a comment grasped this nettle in a determined who respond to its survey a year’s Cambridge County Court case, Davies, were heard by Master of from Lord Dyson MR, stating: the pair persuaded His Honour effort to position itself as a law firm free access to its findings. the Rolls Lord Dyson, Lord Justice “If Mitchell is being interpreted as Judge Moloney QC that the pricing, as well as costs drafting, Explaining the Burcher Jennings’ claimant, Mr Gosling, had Jackson and Lord Justice Voss on deriving the court of discretion, consultancy service. research initiative, firm CEO behaved in a fundamentally 16 and 17 June 2014. then the Court of Appeal needs The practice in question, Martyn Jennings said that the dishonest manner for the In the absence of any immediate to do something about it.” Burcher Jennings, only came into whole issue of legal pricing had that a similar scheme has now Burcher Jennings has also purpose of QoCs. Consequently, Court of Appeal guidance, Kings Practitioners wishing to gain existence in April this year, become increasingly important to operated successfully in New confirmed the appointment the claimant was required to Chambers’ costs counsel Dr Mark insights into the nature of the following the union of law firm law firms in recent years, as clients Zealand for five years. of former Co-operative Legal pay Screwfix’s costs on an Friston, who appeared on behalf of claimants’ submissions, and pricing consultancy Validatum and become more cost-conscious and Perhaps not surprisingly, given Services director Christina indemnity basis. On a matter Jennings Costs. In May, the firm demand a wide range of price and the current lack of available Blacklaws to its five-member of fact, the dishonesty did announced that it was undertaking payment options. Yet, despite market data, Mr Jennings advisory board, which also not arise in relation to Mr Gosling’s injury itself – rather Guideline hourly rates: close, but not yet finalised detailed research into law firms’ these demands, many firms are suggested that research includes Professors Stephen that he exaggerated the extent charge-out rates, with the struggling to make informed conducted by Burcher Jennings Mayson and Dominic Regan. of his on-going symptoms. The Civil Justice Council’s costs and submitted to the Master delay in submitting the report to intention of using the market decisions about how much they to date suggests large disparities Explaining the rationale for hiring Yet, while the dishonesty committee came perilously close of the Rolls, Lord Dyson, for the “scale and complexity of the intelligence gathered to advise should charge for their services. between law firms regarding how Blacklaws, Martyn Jennings said: only accounted for half of Mr to missing yet another self- his consideration. task” and “the need to reach firms on their pricing strategies. In contrast with contentious much they charge for their “Christina has spent her career at Gosling’s claim, HHJ Moloney imposed deadline regarding Deadlines to produce the agreement as far as possible Conducted via a short online work, where law firms’ charge-out non-contentious work.