Costs ADR service launched

Costs ADR service launched

handshakeCADR is a new service, launched in June 2015. Its aim is provide an accessible means through ADR for parties to resolve costs disputes at an earlier stage. It applies to costs issues both internationally and in the UK.

The panel includes many 'costs luminaries', bringing together costs experts at every level. Panel members include two ex costs judges, Peter Hurst and Colin Campbell along with QCs Nicholas Bacon QC, Simon Brown QC, PJ Kirby QC and Benjamin Williams QC as well as many talented junior counsel and costs lawyers. Also included are experts in the costs field including Keith Levene, head of Pinsent Masons law costs team and a Member of the LexisPSL Dispute Resolution Consulting Editorial Board.

The ADR methods available, through CADR, to deal with costs are:

  • arbitration
  • mediation
  • early neutral evaluation
  • expert determination
  • paper assessment
  • expert costs advice

There should therefore be a method available which suits the clients/solicitors/circumstances of the case.

Paper assessment

The new method available is that of paper assessment. This is intended to be an alternative to provisional assessment; a form of assessment introduced by the Jackson Reforms. Provisional assessment, although widely used, has a number of issues not least the long delays experienced in some courts in getting the assessment with many courts failing to meet the six week target.

Paper assessment is available through CADR for a fixed fee, comparable to that of provisional assessment through the court, and can be either a binding assessment (with reasons provided item by item) or non binding assessment (arithmetical decisions endorsed on the bill). Where CADR's paper assessment stands apart from provisional assessment is that, for all bills up to £100,000 inclusive of disbursements and VAT, CADR will provide a guaranteed turnaround of 28 days. It will also consider bills over £100,00 on an individual basis.

Details of paper assessment, and other ADR methods provided by CADR can be obtained from the CADR registrar Hannah Rawlins.


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About the author:

Janna is a dispute resolution lawyer. She deals primarily with cross border issues and is active in the work being undertaken in relation to the implications of Brexit for Dispute Resolution lawyers. Janna also heads up a LexisNexis costs team bringing together expertise from across the company to deal with the costs issues facing the profession.