Areas of Work

Costs

1 Temple Gardens is recognised as one of the leading sets for costs litigation. "Deemed a specialist costs set by commentators right across the market, 1 Temple Gardens has few peers in this field when it comes to sheer scope and breadth. Clients feel 'they have maintained an edge on almost everyone else through a concerted effort to keep up with every development in the costs world'" (Chambers and Partners: 2007)

1 Temple Gardens "possesses real strength and depth in this area." (Legal 500).

Simon P Browne, James Laughland and Richard Wilkinson are all recognised by the Legal 500 as being leaders in costs.

A number of members of Chambers sit as High Court Cost Assessors and are contributing editors to the leading practitioner textbooks on the subject e.g. Simon P. Browne (Sweet & Maxwell).  Costs Seminars are held nationwide by Members of Chambers.

Members of Chambers have appeared in the leading costs cases including:

Willis v Nicolson (CA) [2007] EWCA Civ 199 - the Court of Appeal made some general observations about costs capping orders but held that it was for the Civil Procedure Rules Committee to decide whether to address the issues raised, in particular the difference in approach as to when and in what circumstances costs capping orders should be made (Nicholas Bacon).

Haji-Ioannou v Frangos (CA) [2006] EWCA Civ 1663 - while non-compliance with a rule, practice direction or court order was the only jurisdictional requirement for the exercise of the power contained in CPR r.44.14 it would usually be appropriate as a matter of discretion to consider the extent of the misconduct which had occurred in the course of the non-compliance (Nicholas Bacon).

The Accident Group Test Cases (Sharratt v London Central Bus Co) (CA) (2004) 3 All ER 324 - the costs judge was correct that only part of the sum payable for legal costs insurance by the claimant clients of TAG was to be regarded as a premium and a fee paid for accident investigation was not recoverable (Nicholas Bacon).

Jemma Trust Co Ltd v (1) Liptrott (2) Forrester (3) Lewis (CA) (2004) 1 WLR 646 - appropriate for solicitors to make a separate charge based on value for the administration of an estate, in addition to fees for time spent, provided that overall the remuneration remained fair and reasonable (Nicholas Bacon).

Hollins v Russell (CA) (2003) 1 WLR 2487 - interpretation of ss.58 and 58A Courts and Legal Services Act 1990 and regs.2, 3 and 4 Conditional Fee Agreements Regulations 2000 (Ian Burnett QC, Nicholas Bacon).