Instructions

Procedure

Prior to instructing Coulson Legal, it is necessary to provide us with the names of all of the relevant parties to ensure a conflict of interest does not exist. You may call us or email us to enquire, and to generally discuss our fees.

Where suitable, we will also discuss alternative dispute resolution mechanisms that may fast-track the process.

If there is no conflict and you would like to instruct us, we will provide you with a full costs disclosure, including where applicable, an estimate of the likely costs.

If you would prefer to have the certainty of fixed fees, in appropriate cases, we can provide you with an offer to undertake the work on a fixed fee basis.

Global Assessments

As a general rule, we recommend that you first instruct us to undertake a global assessment of likely recoverable costs, and to draw a Calderbank offer. In our experience, the vast majority of matters settle on the basis of negotiations commenced by way of global assessment.

One of the aims of the global assessment process is to increase the possibility of recovering indemnity costs for the costs of drawing and assessing if the matter proceeds to an assessment hearing.

If negotiations are not successful, you may then instruct us to draw a bill of costs and proceed to an assessment hearing. Drawing and assessing a bill of costs is an option of last resort, to be avoided because of its time and cost intensive nature.

Documents Required

If you instruct us to first undertake a global assessment, we will require the following documents:

  1. All court documents (including costs orders), in chronological order;
  2. All invoices rendered, including counsel fee notes and disbursement vouchers (invoices and receipts); and
  3. All disbursement vouchers (invoices and receipts), including any vouchers for any costs the client may have paid directly (or alternatively confirmation that the client has not paid any disbursements directly).

If it becomes necessary to draw a bill of costs, we will require all of the correspondence files (in chronological order), in addition to the documents above.