Who is Nick McDonnell?
Nick McDonnell is a Director and Costs Lawyer at Kain Knight’s Manchester office, qualified since 2010. He specialises in costs litigation across commercial, intellectual property, civil and catastrophic injury cases, including appeals up to the Court of Appeal, and is the founder of FRCConnect, an online platform for Fixed Recoverable Costs guidance.
Position and Office
Director and Costs Lawyer – Manchester.
Background
Nick graduated from Cambridge University in 1998 and subsequently went into the law practicing civil litigation with a small solicitors’ firm in the North West where he also took up an interest in costs.
Since then, Nick qualified as a Costs Lawyer (2010) working with a number of leading costs firms and costs solicitors. Nick has become a well respected expert in his field conducting high value and complex costs matters, managing a costs business as well as delivering technical and practical training to firms of solicitors throughout England and Wales.
Role & Responsibilities
Nick manages Kain Knight’s Manchester office and continues to enjoy handling a complex caseload, with an emphasis on Commercial, Intellectual Property, Civil and Catastrophic Injury litigation, including costs management & budgeting, detailed assessment proceedings, as well as conducting appeals up to the Court of Appeal and assessments pursuant to the Solicitors Act 1974. Nick also has extensive experience as an advocate at costs hearings (even appearing in the Court of Appeal before Lord Justice Jackson) and is a qualified mediator.
He is also the founder of FRCConnect, a unique online platform where civil litigators can go for the latest guidance and practical assistance with everything relating to Fixed Recoverable Costs. Members of FRCConnect can pose questions, share experiences and benefit from the collective wisdom of industry peers to successfully manage fixed costs cases.
Notable Cases
- Belsner v CAM Legal Services Ltd [2022] EWCA Civ 1387 – A successful appeal in which it was successfully argued that (i) section 74(3) and CPR Part 46.9(2) did not apply at all to claims brought through the RTA portal where county court proceedings had not actually being issued; (ii) Solicitors did not owe their Clients fiduciary duties in the negotiation of their retainers; (iii) it was not unfair (within the meaning of the Consumer Rights Act 2015) for a Solicitor to charge its Client costs over and above those recovered between-the-parties.
- West & Demouilpied v Stockport NHS Foundation Trust [2019] EWCA Civ 1220 (17 July 2019) – A successful and important appeal where court gave guidance on the correct approach to challenges made by paying parties to the reasonableness and proportionality of after-the-event insurance premiums sought to be recovered by successful claimants in clinical negligence cases. They also have general guidance on the general application of the ‘new’ proportionality test on costs in practice.
- Khaira & Ors v Shergill & Ors [2017] EWCA Civ 1687 – A successful appeal finding that an order made by the Supreme Court that one party should pay the other’s costs both in the Supreme Court and the Court of Appeal did not entitle the receiving party to an immediate assessment of the Court of Appeal costs, on the basis that the substantive claim was proceeding to trial.
- Stone Rowe Brewer LLP v Just Costs Ltd [2015] EWCA Civ 1168 – A ground breaking successful appeal concerning the interpretation of the one-fifth rule in Solicitors Act 1974 detailed assessment proceedings. Specifically, the Court of Appeal considered the interpretation of special circumstances for the purpose of the s. 70(10) of the Act.
- McDaniel & Co v Clarke [2014] EWHC 3826 (QB) – A successful appeal in Solicitors Act 1974 detailed assessment proceedings concerning the requirement to investigate alternative methods of funding before advising a lay client to enter into a Conditional Fee Agreement.
- Porbanderwalla v Daybridge Ltd [2014] (Birmingham County Court, 30.01.14) – A successful appeal concerning the requirements to file costs budgets pursuant to CPR.r.26.3 and the sanctions set out at CPR.r.3.13.
Memberships
- Nick is a member of the ACL.
- He is also a member of CADR.
Legal Directories
The UK Legal 500 2024 say “‘Nick McDonnell – is a titan of the costs litigation world with an enviable client list.“
Education & Qualifications
- BEd (Hons) (Cantab)
- Costs Lawyer (Costs Lawyer Standards Board)
Interests
Outside of work, Nick enjoys spending time with his wife and two daughters. He also enjoys reading (sci-fi and fantasy, in particular), listening to jazz, playing the guitar and the drums, and travelling to Mallorca.
Client Testimonial
“A titan of the costs litigation world with an enviable client list. Nick has a significant amount of experience managing costs cases in the Court of Appeal and can often be found closely involved driving the development of costs law.”
Rupert Cohen, Costs Counsel, Landmark Chambers
“Kain Knight bring depth and experience to every costs dispute they handle, and it is always a pleasure to work with them.”
Benjamin Williams KC of 4 New Square
