Fairy tales

Reading the first sentence of your recent editorial (see [2002] Gazette, 16 May, 16) - I quote, 'the days when billing a client involved a simple "for services rendered" are long gone' is yet again another indication of the ignorance and arrogance displayed on the subject of legal costs.

Although I may do you a disservice, when you could be referring to days long gone as pre-1918 before the case of Slingsby v AG when the taxing master stated a bill merely stating 'for professional services' is void.

Or perhaps you are referring to pre-1857 before the case of Haigh v Ousey, 'a bill must contain sufficient information to enable the client to obtain advice as to taxation'.

But somehow I doubt it.

You then go on to say that costs are now a cottage industry.

But on what information or research do you base this comment? The costs clerk has been around for centuries.

The costs negotiators are, in simple terms, an out-source service for the major insurance companies.

And by the way, I deal with these 'horrible nasty negotiators' on a day-by-day basis.

Personally, I have found them professional, and both willing and able to negotiate the best deal for their clients.

That is my definition of a professional within this industry.

You then refer to the Court of Appeal's recent decision that solicitors can not challenge costs orders simply because the judge has not provided reasons for them.

This is a ridiculous decision, which will end as sure as night follows day in the European courts.

Perhaps judges should spend a week in a high-street law firm.

Then they can see at first hand the dedication that is put in by these hard-working, professional people, and perhaps as important they can be given an insight into the ever increasing 'costs' (rent, wages, etcetera) of running these practices.

If a fixed costs system is introduced it seems eminently fair that the 'costs' of running the practice are fixed as well.

Chances of this happening? Well, I am off to my cottage to read some more fairy stories.

Jim Diamond, Fellow of the Association of Law Costs Draftsmen, Legalbudgets Limited, Cheltenham