Association of Costs Lawyers

Last updated

Association of Costs Lawyers
AbbreviationACL
Formation1977;47 years ago (1977)
TypeProfessional association
Headquarters16 Broad Street
Eye, Suffolk, IP23
Region
England and Wales
ServicesCosts litigation
Chair
Jack Ridgway
ACL Council
Subsidiaries Costs Lawyer Standards Board
ACL Training
Affiliations Legal Services Board
General Council of the Bar
Law Society of England and Wales
Website associationofcostslawyers.co.uk
Formerly called
Association of Law Costs Draftsmen

The Association of Costs Lawyers (ACL) is a professional association that represents costs lawyers in England and Wales. It was originally established in 1977 as the Association of Law Costs Draftsmen, [1] [2] but the name was changed in January 2011.

Contents

The ACL became an "authorised body" or legal regulator, specifically for law costs draftsmen, on 1 January 2007. [3] As a consequence of Schedule 4 of the Legal Services Act 2007, the ACL was listed as one of a number of authorised bodies regulating the carrying out of reserved legal activities. Specifically, costs lawyers can conduct costs litigation, and can administer oaths, with rights of audience in all courts in England and Wales. [4] Under Practice Direction 46.5 of the Civil Procedure Rules, a Fellow of the ACL (or a law costs draftsman with membership of The Academy of Experts or the Expert Witness Institute) can be retained by a litigant in person as experts on costs. [5]

Organisation

The ACL is governed by a Council, consisting of a Chairman and seven members, all elected for three year terms. [6]

The Legal Services Act 2007 resulted in the creation of an autonomous regulatory arm, the Costs Lawyer Standards Board, which began operating in October 2011. [7]

The ACL also has an educational arm, ACL Training, which is the only provider of the qualifications needed to become a costs lawyer. [8]

Challenges

Costs lawyers face several challenges, due in part to their profession being less well known than other types of lawyers such as solicitors and barristers. The ACL has spoken out on several occasions in support of costs lawyers. An example is the lack of recognition by other lawyers, [9] something that was criticised by a judge in October 2018. [10]

Another serious threat comes from the possibility of fixed costs in litigation following the Jackson reforms. This might eliminate the need for costs budgets and cost management conferences, which form the mainstay of the work of costs lawyers. [11]

See also

Related Research Articles

<span class="mw-page-title-main">Barrister</span> Lawyer specialised in court representation in certain jurisdictions

A barrister is a type of lawyer in common law jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include arguing cases in courts and tribunals, drafting legal pleadings, researching the law and giving legal opinions.

Vexatious litigation is legal action which is brought solely to harass or subdue an adversary. It may take the form of a primary frivolous lawsuit or may be the repetitive, burdensome, and unwarranted filing of meritless motions in a matter which is otherwise a meritorious cause of action. Filing vexatious litigation is considered an abuse of the judicial process and may result in sanctions against the offender.

A solicitor is a legal practitioner who traditionally deals with most of the legal matters in some jurisdictions. A person must have legally-defined qualifications, which vary from one jurisdiction to another, to be described as a solicitor and enabled to practise there as such. For example, in England and Wales a solicitor is admitted to practise under the provisions of the Solicitors Act 1974. With some exceptions, practising solicitors must possess a practising certificate. There are many more solicitors than barristers in England; they undertake the general aspects of giving legal advice and conducting legal proceedings.

In English civil litigation, costs are the lawyers' fees and disbursements of the parties.

A contingent fee is any fee for services provided where the fee is payable only if there is a favourable result. Although such a fee may be used in many fields, it is particularly well associated with legal practice.

<span class="mw-page-title-main">Civil Procedure Rules</span> Rules of civil procedure in English and Welsh courts

The Civil Procedure Rules (CPR) were introduced in 1997 as per the Civil Procedure Act 1997 by the Civil Procedure Rule Committee and are the rules of civil procedure used by the Court of Appeal, High Court of Justice, and County Courts in civil cases in England and Wales. They apply to all cases commenced after 26 April 1999, and largely replace the Rules of the Supreme Court and the County Court Rules. The Civil Procedure Rules 1998 is the statutory instrument listing the rules.

<span class="mw-page-title-main">Solicitor advocate</span>

Solicitor advocate is a hybrid status which allows a solicitor in the United Kingdom and Hong Kong to represent clients in higher courts in proceedings that were traditionally reserved for barristers. The status does not exist in most other common law jurisdictions where, for the most part, all solicitors have rights of audience in higher courts.

In English law, a law costs draftsman is a specialist lawyer who settles the legal costs of a court case. The role of the law costs draftsman centres on a procedure known as the detailed assessment of costs, which is controlled by statute in England and Wales. They are concerned with costs relating to all areas of the law and deal with every conceivable type of legal matter that touches upon the subject of costs. An experienced and competent law costs professional may command a salary on a par with that of a solicitor or legal executive.

<span class="mw-page-title-main">Tort reform</span> Legal reforms aimed at reducing tort litigation

Tort reform consists of changes in the civil justice system in common law countries that aim to reduce the ability of plaintiffs to bring tort litigation or to reduce damages they can receive. Such changes are generally justified under the grounds that litigation is an inefficient means to compensate plaintiffs; that tort law permits frivolous or otherwise undesirable litigation to crowd the court system; or that the fear of litigation can serve to curtail innovation, raise the cost of consumer goods or insurance premiums for suppliers of services, and increase legal costs for businesses. Tort reform has primarily been prominent in common law jurisdictions, where criticism of judge-made rules regarding tort actions manifests in calls for statutory reform by the legislature.

The Solicitors Regulation Authority (SRA) is the regulatory body for solicitors in England and Wales.

In common law, a right of audience is generally a right of a lawyer to appear and conduct proceedings in court on behalf of their client. In English law, there is a fundamental distinction between barristers, who have rights of audience in the superior court, and solicitors, who have rights of audience in the lower courts, unless a certificate of advocacy is obtained, which allows a solicitor advocate to represent clients in the superior courts also. There is no such distinction in American law.

<span class="mw-page-title-main">Legal Services Act 2007</span> United Kingdom legislation

The Legal Services Act 2007 is an Act of the Parliament of the United Kingdom that seeks to liberalise and regulate the market for legal services in England and Wales, to encourage more competition and to provide a new route for consumer complaints. It also makes provisions about the Legal Profession and Legal Aid (Scotland) Act 2007.

In England and Wales, a claims management company is a business that offers claims management services to the public. Claims management services consist of advice or services in respect of claims for compensation, restitution, repayment or any other remedy for loss or damage, or in respect of some other obligation. Claims management services cover litigation, or claims under regulation schemes or voluntary arrangements.

<span class="mw-page-title-main">Legal Services Board</span>

The Legal Services Board is an independent body responsible for overseeing the regulation of lawyers in England and Wales. It is a non-departmental public body sponsored by the Ministry of Justice, created through the Legal Services Act of 2007.

The Arbitration Roundtable of Toronto is made up of several litigators, academics, arbitrators, and mediators from the Greater Toronto Area. The group promotes arbitration as an alternative method of conflict resolution over litigation, especially in commercial suits. Members include commercial litigators from Toronto law firms including some of the Seven Sisters of Bay Street. Each member has experience and interest in promoting commercial Arbitration. The group dedicates its time to encouraging this form of Dispute resolution through seminars, papers, and talks.

In English law, a costs lawyer is a legal professional concerned with legal costs who has attained rights of audience and rights to conduct costs litigation.

<span class="mw-page-title-main">Courts and Legal Services Act 1990</span> United Kingdom legislation

The Courts and Legal Services Act 1990 was an Act of the Parliament of the United Kingdom that reformed the legal profession and courts of England and Wales. The Act was the culmination of a series of reports and reforms that started with the Benson Commission in the 1970s, and significantly changed the way that the legal profession and court system worked.

Sir Rupert Matthew Jackson, PC is a retired justice of the Court of Appeal of England and Wales. Currently he serves as a Justice of the Astana International Financial Centre Court.

<span class="mw-page-title-main">Nwabueze Nwokolo</span> Nigerian-born United Kingdom lawyer

Nwabueze Jaja Wachuku Nwokolo, a royal princess of Ngwaland, is a Nigerian United Kingdom based lawyer who is council member at Law Society of England and Wales; including being a director and board chair of Great Britain's BSN: Black Solicitors Network, the largest membership organisation of its kind in Europe. Nwokolo is a member of Law Society of England and Wales' Minority Ethnic Concerns Group. Also, she sits on the RAB: Regulatory Affairs Board of the Law Society.

<span class="mw-page-title-main">King's Bench Division</span> Division of the English High Court of Justice

The King's Bench Division of the High Court of Justice deals with a wide range of common law cases and has supervisory responsibility over certain lower courts.

References

  1. "About the ACL". Association of Costs Lawyers. Retrieved 10 April 2020.
  2. Andrew Boon (7 November 2014). The Ethics and Conduct of Lawyers in England and Wales. Hart Publishing. p. 183. ISBN   9781782256090 . Retrieved 10 April 2020.
  3. "Association of Law Costs Draftsmen Order 2006, (SI 2006/3333)". National Archives . Retrieved 10 April 2020.
  4. "Legal Services Act 2007, Schedule 4". National Archives . Retrieved 10 April 2020.
  5. "PRACTICE DIRECTION 46 - COSTS SPECIAL CASES". Civil Procedure Rules. Ministry of Justice of the United Kingdom. Retrieved 10 April 2020.
  6. "The ACL Council". Association of Costs Lawyers. Retrieved 10 April 2020.
  7. "Who we are". Costs Lawyer Standards Board. Retrieved 10 April 2020.
  8. "About". ACL Training. Retrieved 10 April 2020.
  9. "Costs lawyers have earned their long-awaited right to litigate, says Sue Nash". Costs News. 9 July 2014. Retrieved 10 April 2020.
  10. John Hyde (8 October 2018). "Ignoring costs lawyer earns judicial rebuke in fee dispute". The Law Society Gazette . Retrieved 10 April 2020.
  11. Marialuisa Taddia (16 July 2018). "A long haul fight". The Law Society Gazette. Retrieved 10 April 2020.