Navigating Costs: Strategies for Effective Cost Recovery in Civil Litigation (Paper)

Materials comprised of a Paper and PowerPoint Handout.

Presenters:

Nicholas Wood, Special Counsel, Chapman Tripp, Wellington

Tiho Mijatov, Barrister, Stout Street Chambers, Wellington

Synopsis:

As legal costs continue to rise, mastering the intricacies of costs in civil cases is essential for practitioners striving to secure fair recovery for their clients. A legally successful case can become a Pyrrhic victory if unrecovered legal and expert costs leave your client substantially out of pocket. Read our expert-led paper as we unpack the latest trends, case law, and procedural nuances in this complex area of law.  

Recent amendments to the Rules and increasing judicial scrutiny on cost management make it crucial to grasp the current approach to calculating scale costs, the thresholds for increased and indemnity costs, and the strategic role of seeking costs, by analogy with scale, for steps not provided for. While partial, rather than indemnity, cost recovery remains the norm in New Zealand's civil justice system, this paper will discuss ways to maximise cost recovery within that framework, with a focus on recent developments. It will cover practical approaches to handling large disbursements, navigating costs in cases with multiple causes of action, and adapting to evolving judicial expectations around costs, especially after discontinuance. 

This paper is designed for practitioners seeking to strengthen their approach to cost applications and align with recent legal developments.

These Materials will help you:

• Receive a refresher on the core principles regarding costs and the correct calculation of scale costs.
• Gain a deeper understanding of key issues in departing from the scale, such as grounds for increased or indemnity costs, reduced or refused costs, and handling more complex costs scenarios.
• Gain insights into the recovery of large disbursements including expert and electronic discovery invoices, and the enforcement of contractual indemnity costs provisions.
• Become better informed about the new costs rules for lay litigants.
• Learn about how to approach these issues when seeking, or opposing, costs, including tips for maximising (or minimising) costs, and how to avoid common mistakes and misconceptions.

Intended Audience:

Civil litigators, and commercial lawyers who draft clauses regarding costs in the event of a dispute.