Kain Knight are a go-to firm of Costs Lawyers for heavyweight commercial litigation disputes. With an impressive track record that spans over four decades, our team of specialist commercial costs lawyers provide unrivalled expertise in this often complex and high stakes field of costs law.
By building trusted and strong working relationships, the team operate exemplary service standards that deliver exceptional client results. Kain Knight are regarded as one of the most commercially minded teams in the country, and the involvement of our costs lawyers from the outset can positively impact the outcome of cases.
Our Commercial Costs Law Services
Our commercial costs lawyers deliver a comprehensive costs service that encompasses all aspects of commercial costs disputes. From professional drafting to strategic costs advice on the most complicated cases, our technical expertise combined with a highly developed approach provides clients with a sophisticated costs resolution service.
Detailed Assessment
Kain Knight offer the full spectrum of services, on behalf of either the Paying or Receiving Party, including Electronic Bills of Costs, Points of Dispute and/or Reply and full attendance at assessment hearings, with quantum advice provided throughout.
Costs Management
Costs budgeting is a vital component of the litigation life cycle, and the team are experts in all aspects, including preparation of Precedents H, R & T, negotiations, and attendance at the CCMC.
Solicitor-Client
We are routinely instructed in Solicitor-Client assessments, including the preparation of all costs pleadings. In addition, our team provide an expert and independent auditing service which allows the Solicitor and Client to reach agreement without the time and expense of lengthy assessment proceedings. Our service incudes negotiations, quantum advice and attendance and advocacy at fully contested Detailed Assessment Hearings.
Legal Project management
Working closely with the Solicitor and Client from the outset, we help to facilitate parties to reach an agreement by monitoring time scales, budgets and procedures, ensuring agreed tasks are delivered on time and in a cost-effective manner. Our client-base are increasingly turning to this hands-on and highly commercial approach to resolving costs disputes.
Bespoke Costs Advice
As part of our holistic approach to costs, we also provide general costs advice or guidance to Kain Knight clients when required. We are home to several high-profile costs lawyers who are widely recognised as experts in their field, and who are active members of our internal Knowledge Hub. Our team use the hub to pose real-time costs law related issues that require troubleshooting to ensure our clients always receive exemplary advice, even on the trickiest of costs issues.
The Knowledge Hub is led by the preeminent Colin Campbell, Emeritus costs judge at the RCJ between 1996- 2015 before retiring, who works at Kain Knight as a Costs Consultant. His role is to oversee the strong emphasis on learning and development, both internally and externally, and to ensure everyone in the firm is abreast of costs case law and practice developments. He is on hand to provide best practice guidance to the Kain Knight team whenever they, or a client, may require it.
Areas of Expertise
Kain Knight commercial costs lawyers have experience of a wide range of commercial disputes that include breach of Directors’ duties, shareholder and partnership disputes, civil fraud claims, asset recovery and Directors’ disqualification, competition and cartel claims, construction disputes, financial services disputes, International disputes, product liability claims & Property litigation claims.
Media
Our specialist team have represented clients involving claims for defamation, libel, copyright, privacy and breach of contract. Our media work covers a wide range of cases representing both Claimants and Defendants.
Professional Negligence
Having been the preferred Costs Draftsman for the Solicitors Indemnity Fund for many years (before the scheme shifted to an insurance based open market scheme in 1999) from an early stage we gained unparalleled experience in the defence of claims for costs in solicitors’ negligence claims, including Group Managed Litigation Orders.
This long-standing expertise means we are also adept at advising insurers on the level of fees charged by firms outside their normal panel who have conducted the defence of claims against them. We are routinely instructed to represent Claimants to instruct us in not only solicitors negligence claims, but also claims against other professionals.
Competition Appeal Tribunals
Kain Knight have considerable experience of dealing with the drafting of Bills of Costs on behalf of multiple Claimants in respect of successful follow-on damages claims brought in the Competition Appeal Tribunal.
In one of the more significant matters, we advised in a case which involved a multiple million-pound claim for damages that was brought by the Claimant pursuant to section 47A of the Competitions Act 1998 in respect of addresses of the European Commission decision dated December 2003.
The Bill of Costs we were instructed to draft totalled a significant seven figure sum and included not only the work of the London based firm of Solicitors on record but also that of Spanish Lawyers who acted for several Claimants and undertook a considerable amount of preparation work which included liaising closely with several the Claimants, many of whom were based on the continent.
Our Commercial Clients
- Law Firms: commercial litigators – including those undertaking multi-jurisdictional litigation. We also work with lawyers who specialise in Privacy, high value family or other litigation of high worth.
- Large Corporations
- Insurance Companies
- High-net worth individuals and companies involved in litigation
Notable cases
Instructed to assist with and advise upon an urgent application to the OFSI (The Office of Financial Sanctions Implementation), where the lay client was the subject of a contempt proceedings and committal application. The detailed advice provided by Kain Knight’s Commercial Costs team ensured funding was approved, the Client won with indemnity costs being ordered.
Instructed in multiple high level tax litigation cases. One case concerned a matter that was reported as ‘Ground breaking tax litigation’ and was heard, on various aspects, in the High Court, Appeal Court, Supreme Court and the CJEU.
High profile group litigation case. Costs arising from a group litigation with two tranches of approved test cases concerning the validity of statutory claims for the repayment of tax paid in breach of EU Law. Kain Knight prepared a Bill of Costs of circa £2.5m on behalf of both tranches of test claimants.
High profile case involving the The Company Directors Disqualification Act 1986. The case involved underlying proceedings related to a well reported (both in general and legal press) action under The Company Directors Disqualification Act 1986 brought by The Official Receiver. Kain Knight were instructed to prepare a high level and detailed costs schedule to support complex costs submissions. The Schedule exceeded £3.5m, resulted in a significant payment on account ordered by the Court and settle was achieved without recourse to formal assessment.
The case involved the largest bill prepared by the firm, to date. Instructed to prepare a £14m Bill of Costs for a client defending a multimillion-pound claim for damages.
High profile American criminal proceedings: Work included reviewing historic costs and prepared a detailed report on behalf of one of the Parties. We undertook a monthly review of all costs, noting areas of expenditure, and prepared budgets for all stakeholders involved. The detailed analytical review determined areas of overspend, resulting in a negotiated refund of $350,000, and the involvement included controlled the projected future spend from $15,000,000 to an actual spend of $9,000,000.
Costs claim on behalf of leading insurance and finance corporation: Following successful underlying proceedings that progressed to the Supreme Court, we prepared bespoke High Court, Court of Appeal and Supreme Court Electronic Bills of Costs, involving multiple currencies, totalling approx. £6,000,000. KKC progressed the litigation through the preparation of detailed Points of Reply, negotiations, quantum advice and a fully contested Detailed Assessment.
Independent expert report for use in Singapore: Instructed to draft an expert report on the reasonableness of the costs incurred in a matter heard within the Singapore legal system. Consideration had to be given to the contractual basis of the assessment, the hourly rates, the time spent and the detailed disputes already drafted. Following such, a detailed expert report was drafted for use within a mediation, with the primary aim of assisting the parties without the need for further proceedings. This is one of a number of independent expert reports we have drafted, across varied legal jurisdictions.
Opposition of costs claim on behalf of multinational bank: Upon receipt of a £4,000,000 Bill of Costs, we prepared 116-page detailed Points of Dispute (plus annexes), in depth quantum advice and assisted with negotiations. This resulted in a reduction of approximately 40% (£1,500,000) of the overall costs claim.
Niche tribunal costs claim: Following a successful defence at the Tribunal, the costs claim we prepared totalled in excess of £430,000. An initial offer of £180,000 was received, however, following the preparation of Replies and extensive negotiations, the claim settled for £385,000 (110% increase on initial offer) and included recovery of interest and costs of assessment.
Summary of services
- Bill of Costs for detailed assessment
- Costs Budgets (Precedent H)
- Detailed Assessment and Costs & Case Management Advocacy
- Negotiations
- Points of disputes and replies
- Schedules of costs for summary assessments and Security for costs applications
- Costs training seminars
- Costs mediation
- Solicitor’s Act Assessments Litigation Funding
- Project Management
