Commercial litigation is not over when judgment is handed down or settlement is agreed.
There remains the question of costs. Sometimes it is secondary. Sometimes it is decisive. A costs order, budget, Part 36 offer or detailed assessment may alter the true value of the case.
I advise and appear in commercial costs disputes, including costs budgeting, detailed assessment, Part 36, indemnity costs, issue-based costs orders, security for costs, appeals and consequential hearings.
Costs strategy
Costs should be considered before the end of the case.
A party who thinks about costs only after judgment may already have lost useful opportunities. Offers, budgets, interim applications, disclosure, expert evidence, settlement negotiations and trial preparation may all affect the eventual costs outcome.
The practical questions are usually clear. What is the real costs exposure? What is the likely recovery? Is the budget defensible? Has Part 36 changed the risk? Is an indemnity costs argument worth making?
How I help
I advise on costs strategy, budgets, Part 36, detailed assessment, indemnity costs, issue-based orders, security for costs, appeals and settlement.
I draft points of dispute, replies, applications, evidence, skeleton arguments, written submissions, costs submissions and draft orders.
I appear at costs and case management conferences, detailed assessments, costs applications, consequential hearings and appeals.
What to send
Please send the pleadings, relevant order or judgment, costs order, budget, bill or schedule, points of dispute and replies, Part 36 offers, relevant correspondence, any funding or ATE documents if relevant, the hearing date or deadline, and a short note explaining what advice, drafting or advocacy is required.