Andrew Bennetts celebrates his 10th year with Kain Knight
Costs Lawyer, Andrew Bennetts joined Kain Knight in 2014, having worked solely in costs law since joining a youth training scheme as a junior law costs draftsperson in 1993. Andrew started his career at a Cornish law firm in Lostwithiel, and like many costs draftsmen at the time, he predominantly prepared legal aid claims. He progressed to working on solicitor and client costs and higher value legal aid cost claims and his work also involved assisting with attendance at taxations, as they were called then. In 2001, Andrew made the decision to move to an independent costs firm with a view to undertaking higher value work and heavier engagement in civil inter partes matters. The work remained broad, attending to family and civil matters in equal measure but the work in respect of detailed assessments increased and expanded further to include dealing with hearings in the Senior Courts Costs Office. Andrew is delighted to still work with many of the firms and clients he was introduced to at that time, which is testament both to his skills as a costs lawyer and the outstanding service he provides to his clients. Andrew became an Associate of Law Costs Draftsmen in 2002, becoming a Fellow in 2004 and qualified as one of the first Costs Lawyers of the Association of Costs Lawyers with rights of audience in September 2007.
Following the changes to legal aid in 2013 and the ultimate diminishment of that work, Andrew increased his volume of civil cases and Court of Protection matters, preparing costs claims for financial and property affairs deputies for protected parties. Andrew is now one of Kain Knight’s experts in Court of Protection matters which often stem from claims where the client has an acquired brain injury and is therefore the protected party. Andrew’s experience in personal injury and clinical negligence is of significant relevance for costing Court of Protection matters as the crossover and the information from both aspects is invaluable. Andrew has been fortunate to work on the costs for many complex multi-million-pound claims, and he gets satisfaction from being able to work on the matter at both the early stage dealing with costs budgeting and then bringing the case to a conclusion dealing with the detailed assessment proceedings. Andrew says “Court of Protection cases are of particular interest to me, and I am pleased and proud to say that all of my formal appeals to the costs judge have been successful. Some of my most noteworthy hearings include being successful in arguing that a conditional fee agreement was unenforceable, successfully overcoming arguments that a conditional fee agreement was unenforceable and the recovery of inquest costs in a clinical negligence case that received national media attention.”
Changes in costs law
Costs law has seen a significant amount of change and Andrew says “Over the last thirty years’, I have witnessed the abolition of scale costs, the advent of the civil procedure rules, large scale reduction of the availability of legal aid and the introduction of fixed recoverable costs. I would say that the most significant changes have to be the advent of the civil procedure rules, and the reduction of matters available on the legal aid scheme, both events creating dramatic changes to the practice of any costs draftsperson engaged in those fields.”
He continues “The legal industry is forever changing but even as it continues to evolve, in my view the role of a costs lawyer will not diminish. In fact, I consider that the position will become ever more important considering the intricacies of the fixed recoverable costs scheme and the importance for the client and solicitor in maximising their costs recovery or conversely reducing a liability for costs. The volume of work will inevitably diminish, particularly in respect of cases with a value of up to £100,000.00 but it will be in these matters where a proficient costs lawyer will show his/her worth to get the best possible fixed cost recovery or argue successfully that the case should be allocated to the Multi-Track.”
Andrew’s top tips
One piece of advice that Andrew always gives to his clients is to always record as much information as you can in respect of any attendance or preparation work, particularly as to the essence and reason for the work or of any complexity. This is even more important now when considering the additional costs that can arise from the vulnerability of a party or witness, the conduct of the opponent, and to support any argument for a higher track or complexity band. If you have all of the relevant information duly noted, then it will be readily available to utilise as necessary. His other top tip would be in respect of delegation. Good delegation provides solid foundation to recover higher grades of fee earner’s hourly rates.
Working for Kain Knight
Since 2015, Andrew has played a pivotal role in Kain Knight as the office manager in St. Austell where he enjoys the diversity of the position. “I have taken great enjoyment from running the office, assisting colleagues, coupled with the responsibility of meeting, and managing clients. Kain Knight is a great firm to work for and I cannot speak highly enough of them. From my personal experience, the firm has been exceptional during a close family bereavement and the firm’s flexibility with working hours, and the support that I have always enjoyed from the directors is fantastic. The firm is great to work for and I have always found that the firm is extremely quick to note and reward staff for their contributions and hard work.”
