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Dr Mark Friston

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Practice Areas:

Litigation Funding & Costs

Practice Area CVs:

Litigation Funding & Costs

Year of Call: 1997

Dr Friston is a heavyweight in all aspects of costs and litigation funding, but he has particular expertise in giving business advice to firms of solicitors, legal expenses insurers and liability insurers. In so far as contentious work is concerned, his forte is solicitor and client work, costs of commercial disputes, group litigation and representative claims. He has expertise in managing 'broken retainers' and disputes concerning VAT.

Profile:

Dr Friston is author Civil Costs: Law and Practice which is a comprehensive and erudite text which has been described as “the Bible of the legal costs world” and “an exhaustive technical encyclopaedia of costs”. One leading commentator has said that “those on the front line of costs disputes should have this work surgically attached to them”. He was the first practising barrister to become a Fellow of the Association of Law Costs Draftsmen and is the only practising barrister ever to have sat as a council member of that organisation.

Dr Friston's emphasis is on client care and teamwork. He is happy to accept instructions either from solicitors or suitably qualified costs draftsmen.

Significant Cases:

Gibbon v Manchester City Council [2010] EWCA Civ 726, [2010] All ER (D) 218 (Jun) (effect of rejection of Part 36 Offers)(with Craig Ralph)

Drew v Whitbread [2010] 1 WLR 1725 (applicability of fixed costs)(with Craig Ralph)

Blakemore v Supatax [2010] 1 WLR 983 (test to be applied to payments on account of costs)(with Paul Hughes)

Various Claimants v Gower Chemicals Ltd [2008] All ER (D) 233 (Apr), [2008] 4 Costs LR 582 (disclosure in detailed assessment proceedings) (enforceability of conditional fee agreement)

Multiple Claimants v Corby Borough Council [2008] EWHC 619 (TCC) (costs capping in group litigation)(with Craig Ralph)

Birmingham City Council v Crook [2007] All ER (D) 191 (Jun), [2007] 5 Costs LR 732 (enforceability of conditional fee agreements)

Various Claimants v Gower Chemicals Ltd [2007] 4 Costs LR 647 (enforceability of conditional fee agreements)(with Matthew Smith)

AB and Ors v British Coal Corporation [2006] All ER (D) 227 (Oct), CA (success fees under a compensation scheme)

Jones v Caradon Catnic [2006] 3 Costs LR 427, CA (concerning materiality and collective conditional fee agreements)(with Paul Hughes)

Spencer v Wood [2004] All ER (D) 275 (Mar), CA, [2004] 3 Costs LR 372, (2004) Times, 30 March (enforceability of conditional fee agreements)

Smiths Dock Ltd v Edwards [2004] All ER (D) 181 (May), [2004] 3 Costs LR 440 (the quantum of success fees)

Mattel Inc v RSW Group PLC [2004] All ER (D) 58 (Jul) (local versus London rates in intellectual property cases)

Lownds v Home Office [2002] 1 WLR 2450, CA, [2002] 4 All ER 775, (2002) Times, 5 April(guideline case on proportionality)

D v D [2002] All ER (D) 319 (May), [2002] 2 Costs LR 312 (costs in "big money" family cases)

Recommendations:

Dr Friston has been recommended in costs since it was a recognised specialism at the Bar. He has been first ranked in Chambers since 2007 (which was the first time cost practitioners outside London were ranked).

In addition to Civil Costs: Law and Practice, Dr Friston writes (along with other members of the costs team) the Costs Brief for the New Law Journal.