Talk:Costs (English law)
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Hmmm, maybe I'm getting confused but I could have sworn that "solicitor-client" was basically a synonym for "indemnity costs" with the meaning being that it was to cover the full costs as agreed between the solicitor and client. Anyone want to correct me here? Plasma 12:35, 28 Feb 2005 (UTC)
The 'indemnity rule' is synonymous for a rule that costs are paid by the loser (see Rickman 'Economics of Cost-Shifting Rules' in Zuckerman (ed), Reform of Civil Procedure, Clarendon Press, 1995 - p328), so presumably indemnity costs mean party-party costs in most jurisdictions; that's certainly the understanding of the term in England.
[edit] scope of the article
The opening of this entry is a bit weak: 'the law of costs is typical of common law jurisdictions'.... what does 'typical of' mean in this context? That costs are what the common law is all about??? If it's supposed to imply that other jurisdictions don't have rules on costs recovery or assessment then it's just plain wrong. Perhaps, since the article is obviously about Costs *in Common Law* systems, the title should be changed accordingly...
[edit] Barrister fees
At common law, what duty does a solicitor have to recover the fees of counsel? Are counsel's fees limited to what can be recovered on taxation? If counsel charges a certain amount, part of which is not allowed on taxation, does counsel still have recourse against the solicitor to recover the balance?--shtove 02:43, 27 December 2005 (UTC)