Areas of Work
Costs
1 Temple Gardens has long been known as one of the pre-eminent sets for costs work and has been recognised as such over many years by both Chambers & Partners and the Legal 500. Chambers continues to offer real strength in depth in this specialist field with its costs team ranging from silk to all junior levels. It is thus able to offer a comprehensive service covering the full spectrum of costs work from routine detailed assessments to the highest appellate courts. In 2009 Members of Chambers already have appeared in costs cases in the Privy Council (Seaga v Harper), in the High Court appeal of Sandhu v Sidhu, and in the Court of Appeal in Widlake v BAA plc.
In 2008 the Legal 500 praised Chambers for its "good, robust and commercial advice" in the field whilst the legal directories have singled out Simon P Browne, James Laughland, Richard Wilkinson and Mark James for particular recommendation as leading practitioners in this area.
Chambers is rightly proud of its tradition of acting for both sides in all of its main practice areas, a tradition maintained in the costs sphere. As a result of its reputation in the field, 1 Temple Gardens was invited to host the ALCD Annual Seminar in November 2008.
Notable cases in which Members of Chambers have been involved include:-
Sandhu v Sidhu: [2009] - Burton J, enforceability of CFA, alleged breach of Regulation 3(1)(b) of the CFA Regulations 2000 [Richard Wilkinson]
Oriakhel v Vickers [2008] EWCA Civ 748 - principles applicable for award of costs against a non-party witness to an allegedly fraudulent RTA claim. [James Laughland]
Angel Airlines v Dean & Dean (No.2) (2008) - Coulson J, the applicability of Part 47.19 offers to solicitor and client assessments [Simon P Browne]
Dunn v Mici [2008] EWHC 90115 - SCCO appeal, enforceability of CFA, alleged breach of Regulation 4(2)(c) involving Claimant purporting to act with Litigation Friend. [James Arney]
Supperstone v Hurst [2008] EWHC 735 - relief from sanction, late service of notice of funding. [Mark James]
Widlake v BAA plc [2008] EWHC - exaggerating Claimant ordered to pay Defendants' costs of entire litigation. Appeal to Court of Appeal pending. [Alex Glassbrook]
Kashmiri v Ejaz [2007] EWHC 90074 - enforceability of CFA, alleged breach of Regulation 4(2)(c), interpretation of Myatt. [Shaman Kapoor]
Tribe v Southdown Gliding [2007] - effect of costs estimates inter partes. [Simon P Browne]
Utting v McBain [2007] EWHC 3293 (QB) - enforceability of CFA, alleged breach of Regulation 3(1)(b). [Mark James]
Myatt & Ors v National Coal Board & Anor (No 2) (2007) - order that an unsuccessful party's solicitor should pay some or all of the successful party's costs where the litigation was pursued by the client for the benefit, or to a substantial degree for the benefit, of the solicitor [Sir Geoffrey Nice QC).
Holmes v McAlpine [2006] EWHC 110 - enforceability of CFA, alleged breaches of Regulation 4(2)(a) and 4(3). [Richard Wilkinson]
Angel Airlines v Dean & Dean (No.1) (2006) (CA) - definition of retainer for entitlement to costs. [Simon P Browne]
Woollard v Fowler [2006] Recovery of outsourced experts' reports [Sir Geoffrey Nice QC]
Atack v Lea; Ellerton v Harris [2005] 1 WLR 2643. Recoverability of success fees in CFA claims. [Richard Wilkinson]
Botham v Khan [2004] EWHC 2602. Sanction for delay (7 years) in commencement of detailed assessment proceedings. [James Laughland]
Sarwar v Alam [2002] 1 WLR 125. Recoverability of ATE premium when BTE policy also available. [Sir Geoffrey Nice QC]
Callery v Gray [2002] UKHL 28; [2002] 1 WLR 2000. Recoverability of success fees in CFA cases. [Sir Geoffrey Nice QC]