Risk management

If you lodge it, read it first

Brian's big case was coming up for trial and he was determined to get everything right.His supervising partner, Christine, warned him that much had changed as a result of the Woolf reforms and that he should check the Civil Procedure Rules to make sure everything was done by the book.Brian stayed at the office researching pre-trial procedure late into the night.

He noted that under Part 43 of the CPR his estimate of costs would have to be submitted to the court before the trial.First thing on the day, Brian instructed Joe, his long-established and trusted costs draughtsman.

Joe prepared a full and comprehensive bill and returned it to Brian with lightening speed.Brian spent the whole of the next weekend preparing trial bundles.

He completed them just in time, perfectly paginated for ease of reference and in smart folders to impress the judge.

Then he lodged the estimate of costs with the court.The first days of the trial went very well.

The other side conceded on liability but continued to dispute quantum.

The leading counsel Brian had instructed was on top form, reducing the other side's expert to jelly.

In a conference, back at counsel's chambers after the second day of the trial, the whole team was confident of beating the other side's Part 36 offer.The next morning, all rose - but the judge was grim faced.

He was obliged to withdraw from the case, he explained.

Last night, whilst reading through the papers, he had read details of the payment which had been included in the estimate of costs.

The trial would have to be abandoned, with costs thrown away.Appalled, Brian telephoned Joe.

The draughtsman was unapologetic.

'It's for you to check the bill', he claimed.

Next day, a fax arrived from the other side's solicitors saying simply that their costs of the trial - including their leading counsel's fee - would be deducted from the damages.

Brian's own counsel's clerk rang with details of leading counsel's hefty refresher for the next hearing.Brian had checked the rules.

If only he'd shown the same care when checking the estimate of costs.

X For information on claims prevention, contact your claims handler at the Solicitors Indemnity Fund or the Risk Improvement Unit.

Tel: 0171 566 6000.