A costs lawyer in England and Wales is a legal professional specialised in handling matters related to the costs of legal proceedings. A Costs Lawyer has the legal right to conduct costs litigation and enter the court record on all issues specified between Parts 43 and 48 of the Civil Procedure Rules. They also have Rights of Audience to attend court within costs proceedings.
The Register of Costs Lawyers includes the names of all Costs Lawyers who hold a 2024 practising certificate. It also shows the start date of their current practising certificate, their practice areas, any additional organisations in which they practice, and any disciplinary decisions or published decisions of the Legal Ombudsman.
You can Find a Costs Lawyer at the Association of Costs Lawyers (ACL). The ACL is the representative body for Costs Lawyers and promotes the interests of Costs Lawyers and lobbies on their behalf.
In order to qualify as a Costs Lawyer, you must:
- have successfully completed the Costs Lawyer Qualification; and
- have completed, or be currently undertaking, two years of Qualifying Experience.
The Costs Lawyer Qualification is a course of study in costs law and practice, delivered by a training provider that is accredited by the CLSB. You might be eligible for exemptions from certain aspects of the Costs Lawyer Qualification if you have completed relevant prior learning, such as a law degree or a professional training course.
Qualifying Experience is work undertaken in costs law and practice for a period of two years under the supervision of a suitably qualified person. This can be carried out before, during or after studying for the Costs Lawyer Qualification, subject to certain conditions.
How to become a Costs Lawyer – Costs Lawyer Standards Board
- Role and Functionality: Costs lawyers primarily deal with the assessment, negotiation, and management of legal costs. This includes drafting bills of costs, preparing for detailed assessments where the court reviews the reasonableness and proportionality of legal costs, negotiating with opposing parties on cost issues, and advising on costs budgeting, which is crucial under the current civil procedure rules in England and Wales.
- Regulation and Qualification: Costs lawyers are regulated by the Costs Lawyer Standards Board (CLSB), which sets and maintains professional conduct standards. To become a costs lawyer, one typically needs to complete the Costs Lawyer Qualification, although exemptions might apply for those with relevant qualifications or experience, including from overseas if recognized under European professional qualification rules. The CLSB regulates Costs Lawyers in England and Wales under the regulatory framework set out in the Legal Services Act 2007.
- Professional Context: Unlike barristers who advocate in court or solicitors who handle a broader legal practice, costs lawyers focus narrowly on the financial aspects of legal cases. They might work independently, within law firms, or as part of specialised costs departments. Their expertise is vital in ensuring that clients receive or pay fair legal costs, which can be significant in complex litigation.
If you’re not satisfied with any aspect of the service you have received from your Costs Lawyer, the first thing to do is raise the matter with the Costs Lawyer involved, or with the firm in which they work. In many cases, an issue can be resolved by talking things through and agreeing a way forward.
Sometimes informal resolution will not solve the problem and you might want to make a more formal complaint. All Costs Lawyers are required to have effective procedures in place for the resolution of complaints. Your Costs Lawyer should have provided their complaints procedure to you at key junctures in your relationship. If you don’t have a copy of your Costs Lawyer’s complaints procedure, you can ask for it at any time.
If you want to make a formal complaint, set out in an email or letter why a problem has arisen and what you think the Costs Lawyer could do to resolve it. Refer to the Costs Lawyer’s complaints procedure and make it clear that you expect it to be followed. This way, everyone will understand that the complaint has moved beyond the informal resolution stage.
Complain about a Costs Lawyer – Costs Lawyer Standards Board
The existence of costs lawyers highlights the complexity of legal costs within the legal system of England and Wales, where costs can be a significant deterrent or incentive in pursuing or defending legal action.
Check out our related articles on Law Society, Law Commission, Solicitors, Solicitors Regulation Authority, Barristers, Bar Council of England and Wales, Bar Standards Board, Legal Ombudsman, Rule of Law, Open Justice and the highly questionable Sussex Family Justice Board.
The Ministry of Injustice is not the Ministry of Justice nor is it affiliated in any way with the justice system, legal profession, police or any other law enforcement agencies.
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