Reviewed by: Vikram Sachdeva
Author: Dr Mark Friston
Publisher: Jordans
ISBN: 978 1 84661 180 3
Price: £75

One can be forgiven for wondering why you should consider purchasing a book on costs. It is unlikely to provide one with sparkling dinner party conversation, and it is also rather heavy to carry.

One can be forgiven for wondering why you should consider purchasing a book on costs. It is unlikely to provide one with sparkling dinner party conversation, and it is also rather heavy to carry. To complicate matters, the law is often arcane and inaccessible, and there really is only one regularly-updated textbook: Cook on Costs.

On the other hand costs law has become rather important to lawyers. First, successful litigation involves the recovery of costs in the eyes of most clients (and equity partners), and also the proper handling of costs in relation to the client. Secondly, non-adherence to certain rules on costs can have serious disciplinary consequences, for instance a failure to provide a costs estimate, in breach of Rule 15 of the Solicitors Practice Rules.

This new book from Mark Friston is a most welcome addition to any costs library. It contains a discussion of a wide range of issues, with extensive citation of authority. Its introductory section includes an account of the language of costs, the different types of possible costs orders (including against publicly-funded litigants), and the general principles underlying retainers. It then tackles the complicated question of conditional fee agreements and their enforceability.

Subsequently there is a discussion of Part 36 - offers and costs capping, before the technicalities of solicitor and client assessments are described. A section on costs between parties follows, and then (yes, there is no avoiding it) the quantum of costs is dissected.

It would be interesting to know if there will be a regular updater, such is the fast-moving nature of certain areas of law. For instance the somewhat restrictive rules for obtaining a protective costs order laid down by the Court of Appeal in R (Corner House Research) v Secretary of State for Trade and Industry [2005] 1 WLR 2600 have been watered down by the same court, at least in environmental cases and possibly in other cases, through R (Garner) v Elmbridge Borough Council [2010] EWCA Civ 1006.

This is an extremely clearly written book which is a very useful starting point for the resolution of most problems in this area. Whilst one may not always agree with Mark Friston’s conclusions on particular points of law, his book is an invaluable resource for the busy practitioner, and it deserves widespread circulation.

Vikram Sachdeva is a barrister at 39 Essex Street

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