OUR CONFERENCE PRESENTERS/EDITORS OF THE COSTS LAW REPORTS
Colin Campbell - Conference Chairman |
Teresa Aitken - Partners in Costs |
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Colin Campbell was a Costs Judge at the Royal Courts of Justice from 1996 to 2015. Before that, he sat as a Deputy Taxing Master for three years. He was also a Costs Officer of the United Kingdom Supreme Court and of the Judicial Committee of the Privy Council from 2010 to 2015. In private practice, he was a partner in a London Solicitors practice specialising in commercial litigation. In 2011, he was called to the Bar.
Colin sat as an assessor with Judges of the High Court in numerous costs appeals and also by invitation with the Court of Appeal. He was a member of Lord Justice Jackson’s working group on insolvency fees. He lectures extensively on costs and is a contributor to the Civil Court Practice (Green Book), joint editor of Costs Law Reports, general editor of Greenslade on Costs and contributed to Friston on Costs. On his retirement, Colin joined Kain Knight Costs Lawyers as a Consultant. He is also an accredited mediator in costs with Costs Alternative Dispute Resolution (CADR) and sits as a Deputy Costs Judge at the Senior Courts Costs Office and at the Land Registration Division of the First-tier Tribunal (Property Chamber). |
Teresa founded Partner In Costs in 1996, qualified as a Fellow of the Association of Law Costs Draftsmen in 2004 and was one of the first Costs Lawyers in 2007.
Teresa has been instrumental in the creation and streamlining of each department during PIC’s growth to increase efficiency and client service, obtaining Investors in People & QMS ISO:9001 accreditation, as well as championing work life balance. At the present time Teresa is involved in ensuring that PIC deliver the best service possible to clients. Teresa is delighted to work closely with Colin as the joint editor of the Costs Law Reports and delivers training sessions on costs issues to client firms. |
OUR SPEAKERS
Our Keynote Speaker - Dame Sarah Asplin DBE, Lady Justice of Appeal
Lady Justice Asplin was called to the Bar (Gray’s Inn) in 1984. She was appointed both a Master of the Bench and Queen’s Counsel in 2002. In practice, she specialised in Chancery and pensions law and life assurance, and was Head of Chambers at 3 Stone Buildings. She was made a Deputy High Court Judge in 2007 and a Justice of the High Court (Chancery Division) in October 2012. She was sworn in as a Lady Justice of the Court of Appeal in October 2017.
Dame Sarah has written a Guide to the Chancery Applications Court for Litigants in Person and was LiP Liaison judge on behalf of the Judiciary. Having been chair of the Judges’ Council HR Committee, in January 2021, the Master of the Rolls asked Dame Sarah to be ADR liaison judge on behalf of the Judiciary. Dame Sarah was appointed Chair of the Judicial/ADR Liaison Committee in March 2021 and its Report on the legality and desirability of compulsory Alternative Dispute Resolution was published on 12 July 2021.
Dame Sarah has written a Guide to the Chancery Applications Court for Litigants in Person and was LiP Liaison judge on behalf of the Judiciary. Having been chair of the Judges’ Council HR Committee, in January 2021, the Master of the Rolls asked Dame Sarah to be ADR liaison judge on behalf of the Judiciary. Dame Sarah was appointed Chair of the Judicial/ADR Liaison Committee in March 2021 and its Report on the legality and desirability of compulsory Alternative Dispute Resolution was published on 12 July 2021.
Nicholas Bacon QC, 4 New Square Chambers
The “enormously likeable” Nicholas Bacon QC continues to dominate the market in costs with a hugely impressive bank of leading cases to his name.
Nicholas Bacon is a leading silk in his specialised field of costs. He dominates this market with a hugely impressive bank of leading cases to his name. 2015/2016 has been no exception with both Supreme Court (Denise Brewer v. NILGOSC and Dept of Environment NI [UK 2014-180] and Court of Appeal cases to his name: Sean Philips v. Carol Willis [2016] EWCA Civ 40; Qader v. Esure [2016] EWCA Civ 1109; Littlestone v.Macleish [2016] EWCA Civ 127, Essar Oilfields Services v. Norscott Rig Management [2016] EWHC 2361, retained by the claimants in respect of costs in Arcadia, Marks and Spencer, Tesco v. Visa Inc & Visa Europe multilateral interchange fees claims and for the claimants in the Kenyan Emergency Group Litigation continuing the 2014/2015 theme of a string of leading appeal cases to note including the Supreme Court: Coventry v. Lawrence (Bar Council ) [2015] 1 WLR 3485; Wyatt v. Vince (costs) [2015] 1 WLR 1228; Marley v. Rawlings [2015] AC 157, [2014] UKSC 51 and other significant appeal cases including Ahmud & Co v. MacPherson [2015] EWHC 2240; O’Brien v. Michael Shorrock and MIB [2015] 4 Costs LO 439. In the Court of Appeal he appeared in Kanat Assaubayev v. Michael Wilson & Partners [2015] CP Rep 10; [2015] PNLR 8; News Group Newspapers in the seminal case of Mitchell v. NGN (“plebgate”) 2013 CA; Brown Quinn v. Equity Management, 2013 CA; Heron v. MTG, 2013 CA.
Nicholas Bacon is a leading silk in his specialised field of costs. He dominates this market with a hugely impressive bank of leading cases to his name. 2015/2016 has been no exception with both Supreme Court (Denise Brewer v. NILGOSC and Dept of Environment NI [UK 2014-180] and Court of Appeal cases to his name: Sean Philips v. Carol Willis [2016] EWCA Civ 40; Qader v. Esure [2016] EWCA Civ 1109; Littlestone v.Macleish [2016] EWCA Civ 127, Essar Oilfields Services v. Norscott Rig Management [2016] EWHC 2361, retained by the claimants in respect of costs in Arcadia, Marks and Spencer, Tesco v. Visa Inc & Visa Europe multilateral interchange fees claims and for the claimants in the Kenyan Emergency Group Litigation continuing the 2014/2015 theme of a string of leading appeal cases to note including the Supreme Court: Coventry v. Lawrence (Bar Council ) [2015] 1 WLR 3485; Wyatt v. Vince (costs) [2015] 1 WLR 1228; Marley v. Rawlings [2015] AC 157, [2014] UKSC 51 and other significant appeal cases including Ahmud & Co v. MacPherson [2015] EWHC 2240; O’Brien v. Michael Shorrock and MIB [2015] 4 Costs LO 439. In the Court of Appeal he appeared in Kanat Assaubayev v. Michael Wilson & Partners [2015] CP Rep 10; [2015] PNLR 8; News Group Newspapers in the seminal case of Mitchell v. NGN (“plebgate”) 2013 CA; Brown Quinn v. Equity Management, 2013 CA; Heron v. MTG, 2013 CA.
Sarah Lambert QC, 1 Crown Office Row Chambers
Sarah has a notable specialist costs practice and has appeared in many guideline cases. She has recently been responsible for drafting the Claimants’ costs submissions to the Supreme Court following the decision in Poole Borough Council v GN and Another [2019] UKSC 25.
Her experience covers points of law, test points, Part 36, wasted costs cases (both sides), assessments, CFA compliance and success fees, claims against third party funders, costs budgeting and capping, and personal liability claims against experts, at all court levels.
In 2016 she was instructed on behalf of the Law Society in its intervention in the leap frogged appeal of J C and A in which the Court interpreted the fixed costs provisions in the Pre-action protocol for low value personal injury claims in road traffic accidents.
Sarah also sits as a deputy costs judge in the Senior Court Costs Office.
Her experience covers points of law, test points, Part 36, wasted costs cases (both sides), assessments, CFA compliance and success fees, claims against third party funders, costs budgeting and capping, and personal liability claims against experts, at all court levels.
In 2016 she was instructed on behalf of the Law Society in its intervention in the leap frogged appeal of J C and A in which the Court interpreted the fixed costs provisions in the Pre-action protocol for low value personal injury claims in road traffic accidents.
Sarah also sits as a deputy costs judge in the Senior Court Costs Office.
Professor Dominic Regan - Dominic Regan Tailored Development
Dominic Regan qualified as a solicitor. He is the most prolific speaker on civil litigation issues in the country today. A lawyers’ lawyer, Dominic spends 95% of his working time delivering in-house training to law firms, Insurers, Costs Lawyers and Government Departments. He advised Sir Rupert Jackson on aspects of costs reform from 2009 until 2017. Dominic is a columnist for ‘The New Law Journal’, a contributor to ‘Litigation Funding’, is a peer reviewer for Oxford University Press and has contributed to the Channel 4 television series ‘Dispatches’. He has advised the Government on a variety of Costs matters. These include Damages Based Agreements in the Employment Tribunal and how legal Costs operate in respect of non- disclosure agreements.
His latest role is leading the Knowledge Hub at Frenkel Topping.
His latest role is leading the Knowledge Hub at Frenkel Topping.
James Laughland, Temple Garden Chambers
James’ practice is predominantly concerned with personal injury litigation, motor fraud and costs. He is recognised by the leading legal directories as a leader in each of these fields. Respected by both those acting for Claimants and for insurers, he receives instructions regularly from many leading firms. James also has experience of all aspects of costs and regularly represents a leading legal expenses insurer on matters concerning their ATE products.
James strives to provide pragmatic and prompt advice, whilst recognising that if contested litigation is unavoidable then good preparation is key. Having been in practice now for almost 30 years there is little left to surprise him and being calm under pressure is but one of the attributes noted in the comments made by the leading Directories.
James is used to dealing with all aspects of personal injury litigation, including fatal accident claims. He is keen to ensure that the client, whether a lay client or insurer, understands their options and is properly informed and advised as to the best route forward. Whether the case settles at a round-table meeting or is fought through to trial, James will act as a forceful advocate for those who instruct him. James is trained to act as an arbitrator for personal injury cases run through the PIcARBS Scheme.
James’ knowledge of costs law also assists in ensuring that the pragmatic and commercial realities of litigation are addressed throughout. His experience of detailed assessments, and thus the careful consideration of how solicitors’ work, ensures that he understands the importance of a collaborative and pro-active approach to working with solicitors to ensure the best outcome for their client. James is a member of CADR (the Costs ADR service) and is able to offer expert evaluation and early neutral evaluation.
James strives to provide pragmatic and prompt advice, whilst recognising that if contested litigation is unavoidable then good preparation is key. Having been in practice now for almost 30 years there is little left to surprise him and being calm under pressure is but one of the attributes noted in the comments made by the leading Directories.
James is used to dealing with all aspects of personal injury litigation, including fatal accident claims. He is keen to ensure that the client, whether a lay client or insurer, understands their options and is properly informed and advised as to the best route forward. Whether the case settles at a round-table meeting or is fought through to trial, James will act as a forceful advocate for those who instruct him. James is trained to act as an arbitrator for personal injury cases run through the PIcARBS Scheme.
James’ knowledge of costs law also assists in ensuring that the pragmatic and commercial realities of litigation are addressed throughout. His experience of detailed assessments, and thus the careful consideration of how solicitors’ work, ensures that he understands the importance of a collaborative and pro-active approach to working with solicitors to ensure the best outcome for their client. James is a member of CADR (the Costs ADR service) and is able to offer expert evaluation and early neutral evaluation.
Juliet Wells, Temple Garden Chambers
Juliet has a varied practice, with a particular focus on extradition, public international law, public law and personal injury. She regularly appears before the High Court, both led and unled, and has been instructed as sole counsel in a number of judicial review and Multi-Track claims.
Before coming to the Bar, Juliet held research posts at UCL and Oxford University, specialising in constitutional law and civil procedure. She has recently been appointed as the general editor of Zuckerman on Civil Procedure: Principles of Practice (4th Ed. Sweet & Maxwell, forthcoming), and is currently co-authoring a book on the theory and practice of disclosure around the common law world.
Before coming to the Bar, Juliet held research posts at UCL and Oxford University, specialising in constitutional law and civil procedure. She has recently been appointed as the general editor of Zuckerman on Civil Procedure: Principles of Practice (4th Ed. Sweet & Maxwell, forthcoming), and is currently co-authoring a book on the theory and practice of disclosure around the common law world.
Master Jennifer James, Costs Judge
Jennifer James qualified as a Solicitor in 1992 and throughout her professional career specialised in the field of legal Costs, becoming a Fellow of the Association of Law Costs Draftsmen in 1999 and being appointed as a Deputy Costs Judge in the Senior Court Costs Office (SCCO) in 2002. In 2007 Jennifer was admitted to the New York State Bar as an Attorney and Counselor-at-Law and later that same year she taught at the University of Law, teaching on the Bar Professional Training Course’s Civil Litigation team. Jennifer was accredited by the Advocacy Training Council to give feedback upon candidates’ Advocacy in 2007 and became a Fellow of the Higher Education Academy in 2010. Jennifer also undertook a great deal of work on the Education Sub[1]Committee of the Association of Costs Lawyers (ACL) and in particular set the final exams for trainee Costs Lawyers for several years. In September 2015, Jennifer was appointed as a full-time Costs Judge (Taxing Master of the Senior Courts) and was deployed to the Royal Courts of Justice with effect from 21 September 2015. She is the first-ever full-time female Master in the SCCO. In March 2016 Jennifer was called to the Bar and is a (non-practising) Member of Lincoln’s Inn.
Roger Mallalieu QC - 4 New Square Chambers
Roger Mallalieu QC joined 4 New Square in 2008 after 10 years practice at 6 Pump Court and then Hailsham Chambers. He is ranked as a leading practitioner in the field of costs law and has been involved in many of the leading cases in the area.
Recognised by the directories as a “guru on costs” with a “formidable reputation”, he has been described in the directories as “absolutely smashing” and “simply the best when it comes to costs law.” “He really is something else. He knows the area so incredibly well but he’s never overbearing with that knowledge. His approach is really helpful and his strength is when he’s on his feet: he’s a fantastic advocate.” He “wins considerable market acclaim due to his broad knowledge base and restrained yet steely manner” with particular comment made of his ability to “bringing clarity and depth to the case” and his ability then to “integrate that into a team approach to get the best result”. He regularly appears in the Court of Appeal on important costs cases and has been instructed in some of the few costs cases to have been heard in the Supreme Court.
In addition, Roger also has a well-established practice in the fields of professional negligence (in particular clinical negligence), with a particular specialism in high value spinal injury cases. His particular skills and expertise also blend very well with his professional disciplinary work, particularly relating to solicitors. Roger also undertakes some general commercial contract law work.
Roger is particular attracted to complex technical issues and prides himself on his ability to work with his professional and lay clients to develop and then pursue a comprehensive strategy to deploy or respond to such issues at all levels.
Recognised by the directories as a “guru on costs” with a “formidable reputation”, he has been described in the directories as “absolutely smashing” and “simply the best when it comes to costs law.” “He really is something else. He knows the area so incredibly well but he’s never overbearing with that knowledge. His approach is really helpful and his strength is when he’s on his feet: he’s a fantastic advocate.” He “wins considerable market acclaim due to his broad knowledge base and restrained yet steely manner” with particular comment made of his ability to “bringing clarity and depth to the case” and his ability then to “integrate that into a team approach to get the best result”. He regularly appears in the Court of Appeal on important costs cases and has been instructed in some of the few costs cases to have been heard in the Supreme Court.
In addition, Roger also has a well-established practice in the fields of professional negligence (in particular clinical negligence), with a particular specialism in high value spinal injury cases. His particular skills and expertise also blend very well with his professional disciplinary work, particularly relating to solicitors. Roger also undertakes some general commercial contract law work.
Roger is particular attracted to complex technical issues and prides himself on his ability to work with his professional and lay clients to develop and then pursue a comprehensive strategy to deploy or respond to such issues at all levels.
Alexander Hutton QC - Hailsham Chambers
Alexander’s practice is focused in two fields: clinical negligence, for claimants and defendants, and all aspects of costs law.
In both these fields, Alexander is recommended in the highest band of leading silks in the directories and acts in connection with a range of clinical negligence cases, with special focus on those of the most serious nature and highest value. He has also appeared in many of the leading costs cases over the last 20 years, and was chair of the committee that introduced the now mandatory electronic bill of costs.
Alexander is an all-rounder with recognised strengths on paper, on mastering difficult medical and legal issues and in person with clients and in court, whether as a trial or appellate advocate. Alexander is instructed in cases involving all aspects of medicine and medical law, with particular emphasis on maximum value injury cases and those which involve complex medical and legal issues. He has always had a mixed practice of claimant and defendant work in both clinical negligence and costs.
In both these fields, Alexander is recommended in the highest band of leading silks in the directories and acts in connection with a range of clinical negligence cases, with special focus on those of the most serious nature and highest value. He has also appeared in many of the leading costs cases over the last 20 years, and was chair of the committee that introduced the now mandatory electronic bill of costs.
Alexander is an all-rounder with recognised strengths on paper, on mastering difficult medical and legal issues and in person with clients and in court, whether as a trial or appellate advocate. Alexander is instructed in cases involving all aspects of medicine and medical law, with particular emphasis on maximum value injury cases and those which involve complex medical and legal issues. He has always had a mixed practice of claimant and defendant work in both clinical negligence and costs.
Richard Wilkinson, Temple Garden Chambers
Richard is a hugely experienced practitioner who now specialises predominantly in Personal Injury and Costs work. He has been consistently highly rated, year on year, by the independent legal directories for his work in these fields. Editor of the Judicial College Guidelines on the Assessment of General Damages since 2012 and member of CADR (Costs Alternative Dispute Resolution service) and the PIcARBS Arbitration Panel. He is a qualified Arbitrator and an Accredited Costs Mediator, able to offer both Facilitative and Evaluative Costs Mediation. In 2018 Richard was elected as the Secretary of the Personal Injury Bar Association (PIBA).
Described by the directories as “a real costs guru” Richard appears regularly in the SCCO and appellate Courts in costs litigation. He has extensive experience of all aspects of costs’ work including advisory work (for example on funding / drafting issues), cost budgeting issues, the assessment of costs between parties and solicitor / client disputes. He acts for both paying and receiving parties and is instructed by a wide range of clients from City Solicitors to High Street firms across the full spectrum of litigation disputes including commercial, privacy, clinical negligence, family and personal injury.
Richard was instructed in the seminal Court of Appeal case of Mitchell v NGN in relation to cost budgeting / relief from sanctions and has acquired enormous experience in the field of cost budgeting, not only in personal injury / clinical negligence claims but across many areas of litigation. He lecturers regularly on costs issues to a broad range of audiences.
Described by the directories as “a real costs guru” Richard appears regularly in the SCCO and appellate Courts in costs litigation. He has extensive experience of all aspects of costs’ work including advisory work (for example on funding / drafting issues), cost budgeting issues, the assessment of costs between parties and solicitor / client disputes. He acts for both paying and receiving parties and is instructed by a wide range of clients from City Solicitors to High Street firms across the full spectrum of litigation disputes including commercial, privacy, clinical negligence, family and personal injury.
Richard was instructed in the seminal Court of Appeal case of Mitchell v NGN in relation to cost budgeting / relief from sanctions and has acquired enormous experience in the field of cost budgeting, not only in personal injury / clinical negligence claims but across many areas of litigation. He lecturers regularly on costs issues to a broad range of audiences.
Andrew Gordon-Saker - Senior Costs Judge
Andrew Gordon-Saker has been the Senior Costs Judge since 2014. He was called to the bar in 1981 and practised from Chambers in London and Cambridge, specialising in personal injury and professional negligence. He was appointed a Deputy Taxing Master in 1994, a Costs Judge in 2003 and a Costs Officer of the United Kingdom Supreme Court in 2010. He has been chairman or a member of sub-committees of all three rule committees (Civil, Family and Criminal) and of the Civil Justice Council. He was one of the assessors appointed to assist Lord Justice Jackson on his review of fixed recoverable costs in 2017 and was the vice-chair of the CJC working group on guideline hourly rates. He has sat regularly as an assessor on costs appeals in both the High Court and in the Court of Appeal. He was an editor of Butterworths Costs Service from 2006 to 2014. He has been an editor of the White Book since 2012 and a member of the senior editorial board since 2015.
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