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4 New Square – Costs ADR Services

News & Judgments
26 March 2020

4 New Square has an outstanding team of barristers specialising in all aspects of costs, including 4 pre-eminent silks: Nicholas Bacon QC, Benjamin Williams QC, Robert Marven QC and Roger Mallalieu QC.  Between them, they have unrivalled knowledge not only of the intricacies of the applicable law, but also vast practical experience of the legal marketplace and the realities of modern litigation.

We are now using our expertise to offer services bespoke to these unprecedented times. We offer a prompt, efficient service for assessment and determination of costs claims maximising the use of technology.  We hope that this services will complement the services offered by the courts, and provide a useful and commercially-focussed alternative in a way that helps both litigants and, by preserving scarce resources, the courts themselves.

We can provide you and your clients with neutral evaluations and binding expert determinations and/or assessments, either on “paper” or via telephone or video.

We are able to offer a provisional assessment style process for bills of a value greater than the current court limit for provisional assessment.

All papers can be provided to us electronically via costsdisputes@4newsquare.com

All fees will be fixed and payable in advance to provide you and your clients with certainty.

For provisional style assessments, where costs are determined on paper and with reference to bills, PODs, and Replies only, there will be a fixed fee of £750 for bills of less than £50,000 and £1,000 for bills of less than £100,000. Fees for larger bills would be agreed with you on a case by case basis. The parties can agree whether or not provisional assessment would be subject to a review process, with a fixed fee of £500 for a telephone or video hearing of up to one hour, or of £1,000 per half day for more substantial reviews.

Where bills are assessed with reference to papers to be lodged, a fixed fee will be agreed once the volume of papers is known.  Such assessments may either be conducted on paper or by video link.  In addition to the fixed fee the costs of a video or telephone hearing would be fixed at £1,000 per half day.

For neutral evaluations (which may be of points of principle, quantum, or both) fees will be agreed individually on receipt of papers, before work starts so as to ensure complete transparency.

For expert determination of a particular issue or issues, a fixed fee will be agreed based on the issues and volume of paperwork supplied.

The typical turn around time for a neutral evaluation, expert determination or provisional style assessment will be 5 working days from receipt of the papers.

The costs of the process will usually be costs in the ‘assessment’, subject to any contrary agreement. Determinations of the effects of any offers or other issues as to the costs of the process will be performed as required, and within the fixed fee unless a further video or telephone hearing is needed.

We hope that this service will be of interest to the market.  For further details please contact:

James Barrass, Team Clerk

j.barrass@4newsquare.com

0207 822 2047

and

Tom Woolsey, Team Clerk

t.woolsey@4newsquare.com

0207 822 2039

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