TOUGH NEGOTIATORS There is a significant obstacle in a 'proper attempt' to settle costs as referred to by Simon Gibbs (see [2001] Gazette, 6 December, 16) and that is the costs negotiators themselves.

After submitting my costs to solicitors or insurers, I will usually be advised that they are being referred to costs negotiators, who will wait until I chase them before writing to say that they are considering my costs and will make me an offer.On average, that initial offer will represent a reduction of around 45% of the costs as claimed, and the negotiators will invariably wait until a week or less before the detailed assessment hearing before they make any reasonable offer to settle costs.

By then, several months have usually elapsed and so I reasonably request interest on costs and the cost of the detailed assessment proceedings/ negotiations, which they then tell me is a wholly unreasonable stance.The costs negotiators will say that they have delegated authority on all aspects of the costs negotiations, but when a settlement is reached on the basis of payment within a certain time period, the insurers will tell me the negotiators had no authority to agree that time limit.I have also had instances where the negotiators have delayed in confirming details of the settlement to their insurer client.While the cost negotiators decry the reputation they receive, the way that they often approach and deal with costs issues makes the criticism inevitable.Martin Curnow, legal executive, Jane Loveday Solicitors, Launceston, Cornwall