Friston on Costs

Dr Mark Friston has practised costs law for over 20 years and is a member of the Costs Group and Hailsham Chambers. He also sits as a Deputy Master in the Senior Court Costs Office and as a Deputy Costs Judge of the First-Tier Tribunal.

Part 1: History and development of costs
1: A Brief History of Costs
Part 2: 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 Court's Powers Regarding Costs
Part 3: Orders for costs
6: Orders for Costs (Jurisdiction and Discretion)
7: Orders for Costs (Particular 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)
Part 4: 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
Part 5: Bases of costs and Part 36
16: The Bases of Assessment (Indemnity Basis and Standard Basis)
17: Part 36 Offers
Part 6: 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 and Costs
Part 7: The overriding objective, proportionality, and relief from sanctions
25: Proportionality and Costs
26: The Overriding Objective, Collective Proportionality and Relief from Sanctions
Part 8: Agreements between legal services provider and client
27: Contracts of Retainer (General Principles)
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)
Part 9: Agreements with Funders and Insurers
33: Litigation Funding
34: Legal Expenses Insurance
Part 10: 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: Alternative Means of Resolving Disputes and Compromise
40: Solicitors' Rights and Remedies: Proceedings, Lien, Charging Orders, and Equitable Interference
Part 11: Practice Issues
41: Legal Project Management
42: Value-based pricing and practising without recording time
Part 12: Assessments, appeals and ADR 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
Part 13: 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
Part 14: Particular persons
59: Litigants in Person and Lawyers Who Act in Their Own Cause
60: Children and Protected Persons
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
Part 15: Particular circumstances
65: Group Litigation, Derivative Claims and Representative Claims
66: Contracts and Trusts
67: Public Law and Judicial Review
Part 16: Materials
68: Tables and Figures