Excessive Costs
Well done Mr Justice Floyd
Excessive Costs
Yes, the court should take control on the issue of costs eg a party must deliver up what is in their "knowledge, possession and control" material to the case under the rules of discovery - therefore your statement "excessive costs" is probably where there is an issue.
Moreover, law firms and barristers dealing with their legal arguments must research the relevant law - and look how quickly you get a response via google and shock horror top law firms have legal databases in every practice area at the click of a mouse and up-to-date library's - they also get the latest legal news from the media and specific legal journals and some of them even write articles in their practice area!!, ie the law is largely electronically based now.
However, do admit "reading time" costs too - but the whole library! Were the lawyers on a learning curve! Sometimes outsourcing to Counsel is prudent!
(Whilst working as a practising fee earner paralegal I did really like to do the research - especially delving into the obscure law - and the most obscure I ever visited was R v Hennessy [1758] 1 Bur for my personal research on the Woolf Reforms and some very IN NEED OF CODIFICATION banking statutory law going back to the 18th Century - "countermand" and how banks clear cheques - 3 different ways, which took a wee while, I reckon Mr Justice Floyd is spot on, especially given the actual cost of the court fees on any case is miniscule!)
Of note is that the case took 5 days at trial - not a huge case then!! or [mischieviously] did Mr Justice Floyd speedily cut through the crap and dispense with the case thereby upsetting the apple cart of a case prepared for longer than one week!
Is the issue: the solicitor serves the client or the client serves the solicitor - in the latter situation there is a need to refer to the Law Society and the Office of Supervision of Solicitors for (a) bringing the profession into disrepute; and/or (b) professional and ethical misconduct!!
Excessive Costs
Yes, the court should take control on the issue of costs eg a party must deliver up what is in their "knowledge, possession and control" material to the case under the rules of discovery - therefore your statement "excessive costs" is probably where there is an issue.
Moreover, law firms and barristers dealing with their legal arguments must research the relevant law - and look how quickly you get a response via google and shock horror top law firms have legal databases in every practice area at the click of a mouse and up-to-date library's - they also get the latest legal news from the media and specific legal journals and some of them even write articles in their practice area!!, ie the law is largely electronically based now.
However, do admit "reading time" costs too - but the whole library! Were the lawyers on a learning curve! Sometimes outsourcing to Counsel is prudent!
(Whilst working as a practising fee earner paralegal I did really like to do the research - especially delving into the obscure law - and the most obscure I ever visited was R v Hennessy [1758] 1 Bur for my personal research on the Woolf Reforms and some very IN NEED OF CODIFICATION banking statutory law going back to the 18th Century - "countermand" and how banks clear cheques - 3 different ways, which took a wee while, I reckon Mr Justice Floyd is spot on, especially given the actual cost of the court fees on any case is miniscule!)
Of note is that the case took 5 days at trial - not a huge case then!! or [mischieviously] did Mr Justice Floyd speedily cut through the crap and dispense with the case thereby upsetting the apple cart of a case prepared for longer than one week!
Is the issue: the solicitor serves the client or the client serves the solicitor - in the latter situation there is a need to refer to the Law Society and the Office of Supervision of Solicitors for (a) bringing the profession into disrepute; and/or (b) professional and ethical misconduct!!
posted by Lesley McDade at 12:40 pm
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