Costs litigation


The costs team at Hailsham Chambers, headed by Andrew Post QC, has been consistently ranked as a leader in its field. Our specialists regularly appear in courts at every level, and particularly undertake appellate work and cases which raise points of principle.   We have been involved in many of the most important costs cases that have been decided over the last decade, including Hislop v Perde/Kaur v Ramgharia, Excalibur, Blankley, Hallam Estates v Baker, Simmons v Castle, Medway v Marcus, Minkin v CFT, Accident Line, Denton v White, Gloucestershire CC v Evans, Claims Direct, Roach v Home Office, C v W, Factortame, and Lownds v The Home Office.

We provide advice to solicitors, clients large and small, public bodies and insurers as to the full gamut of costs issues including disputes with opponents and between solicitor and client, retainers, funding arrangements, DBAs, CFAs and costs budgeting.

Hailsham is home to many of the leading authorities on costs law, not least Dr Mark Friston, the author of Friston on Costs.  Dan Stacey, David Juckes and Imran Benson also contribute to this “definitive bible” of costs law.

We can help negotiate and draft wording relating to alternative fee arrangements between lawyers and clients. Our independence from the main action provides clients with reassurance, comfort and advantage.

Our costs barristers are specialists, and we are regularly instructed by leading firms for both contentious and non-contentious matters. In appropriate cases we are able to field teams of leading and junior barristers adding substantial fire power in the most significant matters. We can co-ordinate with the existing litigation team when appropriate and will often be instructed midway through an action where costs problems arise or are foreseen.

Our costs  specialists also practice in other areas of law, and this allows them to bring to bear their expertise and experience from those fields where appropriate. Our clients benefit from the litigation perspective that we can provide as barristers with an expertise wider than costs alone.

City and International Solicitors

The Hailsham costs team provides advice and advocacy to clients of all sizes and types, but we have a particular expertise in and experience of providing specialist costs support to City and International Law firms. We recognise that such firms often deal with the heaviest and most complex litigation and have a corresponding need for responsive and expert advice provided with discretion. We appreciate, too, that on other occasions they may need forceful and effective advocacy.

We regularly act in a large number of high value multi-million pound solicitor-client disputes, but also advise and act in relation to a wide range of other issues. By way of examples, our recent work of this type has included:

  • advising Magic Circle firms on the consequences of setting up satellite offices to perform ancillary work;
  • drafting a complex fee sharing arrangement between a US firm and a blue chip company;
  • dealing with costs arising from a range of arbitrations;
  • defending and attacking multimillion pound budgets in heavy litigation;
  • advising on the costs within group litigation;
  • the consequences of English rules on the assignment of causes of action in international litigation;
  • costs consequences where claims have been securitised.




Hailsham Chambers