One Response

  1. Robert Jones
    Robert Jones · June 29, 2018 at 17:43:26 · →

    It seems to me that there is some danger of the cart leading the horse here. The client should only incur costs which he is happy to pay, as happens in jurisdictions where there is no costs recovery. Of course it is right to warn the client if certain costs are unlikely to be recovered on assessment, but there will be instances where the client nevertheless (properly) instructs that the work should be done. It would be disturbing if the client was expending costs in the expectation that they would be fully recovered, not least because a favourable outcome should never be assumed.

    I would add that in my experience, litigation more often suffers from being underfunded than overfunded (although of course there are some clients who insist on leaving no stone unturned).

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