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Friston on Costs 3rd Edition

Friston on Costs 3rd Edition

Author: Mark Friston
Publisher: Oxford University Press
ISBN: 9780198823308

Previous Edition ISBN: 9781846613128
Published In: December 2018
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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Friston on Costs is the third edition of the acclaimed authority on civil costs law, previously entitled Civil Costs: Law and Practice.

Separated into sixteen parts, this substantial text covers all aspects of the law of civil costs from the formation of contracts of retainers, funding, costs budgeting, and orders for and about costs, all the way through to the assessment of costs and beyond.

The third edition has been extensively updated to take into account changes in the law following the Jackson reforms. It also includes discussions on the Consumer Rights Act 2015, alternative dispute resolution, alternative methods of pricing, and legal project management.

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 and practitioners alike.

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

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