The recovery of legal costs by the taxation process is a specialist procedure. The preparation of a detailed Bill of Costs which will withstand this level of judicial scrutiny is sometimes described as an art form. There is no substitute for years of experience gained in justifying substantial claims for costs to inform the skilful presentation of costs incurred. This can improve the justification of the legal spend incurred and maximise the recovery of your clients’ legal fees.
The expense of instructing specialists in the field is more than accounted for in the improved level of recovery that can be obtained and the lower costs involved in out-sourcing this work.
We have experience of justifying costs up to US$20 million and in the recovery of costs on taxation arising from Grand Court, CICA and Privy Council proceedings and offer the preparation of Bills of Costs either as an in-house service at your offices or from our own George Town office.
Masters, as an independent consultancy firm, also assists in the opposition of legal costs. If you are paying costs we provide an independent and experienced perspective on whether the legal costs sought are reasonable and where the scope for savings can be achieved. Our experience and breadth of exposure to legal costs allows us to quickly form a view as to the reasonableness, or otherwise, of the costs being claimed.
Our opposition service includes prepared detailed and extensive Points of Objection to any claim for costs and quantifying the range of reasonable costs at which the claim may be taxed in order to inform negotiations.
We have acted on behalf of paying parties in a number of successful cases, on both taxation and review, including, for example, In the Matter of General Shopping E Outlets Do Brasil S.A. (FSD 58 and 59 of 2019 Kawaley J 25 August 2020)
The taxation process is not always required in order to negotiate and agree the costs in issue. We are always happy to advise and provide our views as to the negotiating parameters to be adopted whether you act for the receiving or paying party and the likely amounts that would be allowed on taxation. Our advisory service provides assurance that all aspects of costs are considered and calibrated during negotiations.
We also provide advice and costs budgeting and costs management services. We can work with attorneys to prepare a fully costed litigation project management plan or, a simpler costs budget. Our experience of commercial litigation can help provide certainty as to the costs involved in, and the funding of, litigation which can be invaluable in substantive cases where legal fees can be measured in millions of dollars.
The provision of security for costs during litigation is a significant interim costs issue, particularly where litigants are based overseas or in liquidation. The necessity to accurately estimate the costs that will be incurred and to demonstrate the reasonableness of the same often leads to the instruction of costs experts to give evidence to the Court.
We provide detailed schedules of costs in security for costs applications supported by evidence demonstrating the necessity, proportionality and reasonableness of the security being sought.
Conversely, we are pleased to act in advising and giving evidence to ensure that the security your client may be required to pay into court is both proportionate and reasonable.
Philip Daval-Bowden gave evidence on behalf of the successful party in Excalibur Ventures vs. Texas Keystone Inc. and Ors where security was obtained of many millions to secure the Defendants’ costs in the event of their successful defence of very high value commercial litigation.
Philip also advised on the successful security for costs summonses in Jafar v Abraaj Holdings Limited.
Philip Daval-Bowden is a qualified mediator. The taxation process can often be a lengthy process taking many months or even years to reach a conclusion. This can itself generate significant costs. In litigation involving several jurisdictions the recovery and/or payment of legal costs can be complex and expensive.
Costs mediation represents a real alternative to the taxation process. Costs mediation can be arranged quickly and economically. Mediation is confidential and can lead to cost-effective settlement in the short course at minimal cost.
Philip offers both facilitative and evaluative mediation services and is a proven skilled and experienced mediator whose experience will command respect on all sides of a dispute.
Philip Daval-Bowden has acted as an expert witness for many years in both the UK and US whenever costs issues arise in litigation.
Philip recently provided evidence as to the legal expenditure incurred by the Claimant in the ground-breaking privacy claim of Sir Cliff Richard OBE v The British Broadcasting Corporation and The Chief Constable of South Yorkshire Police.
Philip was recently instructed to provide evidence in In the Matter of Performance Insurance Company SPC (In Official Liquidation) (FSD 70 of 2021) when the Honourable Justice Parker held:
This application gives rise to technical fee issues in the context of insolvency proceedings. It is to be expected that the shareholders... may wish to rely on the analysis of a specialist costs consultant to make sense of the enormous amount of data provided by the JOLs in respect of their fees and expenses on these applications.
The Bowden report is admissible in evidence and does not require permission to be adduced... the Court finds it reliable and helpful.
Unfortunately, the expense of litigation can sometimes lead to attorney and own client fee disputes. Not only can this lead to the breakdown of your attorney/client relationship but can also lead to distracting and unwelcome satellite litigation. We provide advice and assistance in respect of attorney and client fee disputes helping to achieve a practical resolution and avoid costly disputes.
Our costs mediation service also accepts attorney and own client fee disputes as part of the alternative dispute resolution regime offered.
Philip recently acted in a US$9million attorney/client fees dispute in St Kitts & Nevis.