Legal Cost Recovery
Generally in litigation the loser is ordered to pay the winner's
costs. This doesn't give the winner a complete indemnity but it
should give him the opportunity to recover 80% of his costs. Of
course he will only make a recovery if his opponent has the money
or assets to satisfy the amount payable. Therefore if you are a
claimant it is advisable to make enquiries into your opponent's
financial position before incurring substantial costs in pursuing a
Whether you are a claimant or a defendant you should find out
whether you have any legal expenses insurance and consider after
the event insurance.
Most firms of solicitors will, as a matter of course, instruct a
costs draftsman to deal with costs negotiations and any assessment.
While we may instruct a draftsman to prepare a bill of costs we
usually carry out the negotiations ourselves and represent our
client in the event that there is an assessment of costs by the