The Luxury of Attending Trial - Aidan Ellis, Temple Garden Chambers

26/01/15. At a number of costs and case management conferences recently, I have noticed District Judge’s refusing to budget for a solicitor to attend trial on the basis that having a solicitor attend trial is a “luxury”. I disagree. By its nature, cost budgeting only occurs on multi-track cases which are therefore elevated above the fast track either by their value or by some particular difficulty, such as an allegation of fraud. In such cases, it seems to me that a solicitor’s attendance at trial should not easily be dismissed as an unreasonable expense...
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