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I work in quite a small jurisdiction (Hong Kong, with around 1,550 practising barristers and 11,470 practising solicitors).

England & Wales is obviously much larger jurisdiction and I have begun to notice a number of highly specialised roles (e.g. private prosecution practices) there.

One of the practice areas I find the most fascinating is in the area of legal costs. It seems there are at least 3 roles (the first two of which seemingly overlap): law costs draftsman, costs lawyers, costs barristers. There are even KCs specialising in costs!

How did the division of roles (and market share) arise? Is it simply the case that (generally) the barristers side serve more high-value contentious cases, and the law costs draftsman/costs lawyers do more of the preparatory work?

I have come across this blog post from 2010, which basically says the costs bar arose because the law became more complex and costs arguments got more technical.

Really curious to learn from English litigators who can shed light on this!

Jasper
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Costs emerged as a specialisation for the same reason as other areas of law: it takes time to become familiar with costs-specific procedure and case law, and there is demand for paid work which can be done more efficiently by people who have spent more time practising those skills in the relevant jurisdiction. I'm surprised that there would not be a few small law firms and barristers specialising in costs in Hong Kong.

Costs disputes are also unusual because they implicate the lawyers' own professional and financial interests. Challenging the reasonableness or enforceability of an opponent's costs can directly cost them money (potentially months worth of legal fees) or even lead to disciplinary action. Recovering one's own costs can be professionally embarrassing, time consuming if not familiar with the existing body of costs law, and an unwanted distraction from a busy legal practice specialising in other areas.

So, for the same reason that lawyers are advised not to represent themselves in personal litigation, it may be prudent for litigators and clients to outsource the conduct of costs litigation, which can sometimes be worth millions of pounds, to specialists with a range of levels of experience from draftsperson to KC.

sjy
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