‘Whether the issue concerns cost budgeting, security for costs, complex funding arrangements, or non-party costs orders', 4 New Square Chambers is 'the go-to set for anything within the costs and litigation funding sphere.’ Leading the costs teams in respect of six of fifteen different vehicle manufacturers, Nicholas Bacon KC is acting one of the largest group actions currently in the commercial court, the £6bn Dieselgate claim. Benjamin Williams KC is advising Apple concerning a major opt-out class action with complex funding issues now on appeal in the Court of Appeal. Robert Marven KC appeared in Thomson Snell & Passmore LLP v Kenig, a Court of Appeal case of importance to estate practitioners as the decision examined the rights of non-clients to assess a solicitor’s bill under the Solicitors Act 1974 section 71(3). Roger Mallalieu KC and Shail Patel KC are instructed to defend Igor Kolomoisky from a £10m costs claim.
Legal 500 Editorial commentary
Mentions
Profile
Position
Nicholas Bacon is a leading silk in his specialised field of costs. He dominates this market with a hugely impressive bank of leading cases to his name.
2020/2021 has been no exception with two Supreme Court Cases: Ho v Adelekun [2021] UKSC 43 and Bott & Co Solicitors v. Ryanair [2019] EWCA Civ 143. Appearances in the Court of Appeal and High Court include: Belsner v Cam Legal Services Ltd [2020] EWHC 2755 (QB); Patourel v. BT Group PLC (CAT) [1381/7/7/21]; JSC Privatbank v. Kolomoisky Claim No: BL-2017-000665 £10 million pound costs claim involving use of new electronic bill of costs and requirements for compliance with rules, Part 18 requests in detailed assessments. VW Emissions class action [2018] EWHC 2308 (QB) (costs); Trucks Class Action (Competition Appeal Tribunal); Merricks v. Mastercard Cat 2019. Appellate cases include West v. Stockport NHS Foundation Trust [2019] EWCA Civ 1220; Herbert v. HH Law Ltd [2019] EWCA Civ 527; Budana v Leeds Teaching Hospitals NHS Trust [2017] EWCA Civ 1980 (the leading case on assignment of solicitors’ retainers), Gempride Ltd v. Jagrit Bamrah [2018] EWCA Civ 1367 (leading case on misconduct in costs claims); McMenemy v Peterborough & Stamford Hospitals NHS Foundation Trust [2017] EWCA Civ 1941 (recovery of ATE insurance in clinical negligence cases post Jackson); Hislop v. Perde [2018] EWCA Civ 1726 (Part 36 and late acceptance consequences in fixed costs cases).
Other Supreme Court instructions include: Coventry v. Lawrence (Bar Council) [2015] 1 WLR 3485; Wyatt v. Vince (costs) [2015] 1 WLR 1228; Marley v. Rawlings [2015] AC 157, [2014] UKSC 51.
Other significant Court of Appeal cases include Sharpe v. Leeds City Council [2017] EWCA Civ 33; Qader v. Esure Services [2016] EWCA Civ 1109; Ahmud & Co v. MacPherson [2015] EWHC 2240; O’Brien v. Michael Shorrock and MIB [2015] 4 Costs LO 439; Kanat Assaubayev v. Michael Wilson & Partners [2015] CP Rep 10; [2015] PNLR 8; News Group Newspapers in the seminal case of Mitchell v. NGN (“plebgate”) 2013 CA; Brown Quinn v. Equity Management, 2013 CA; Heron v. MTG, 2013 CA.
High profile clients include Berezovsky in respect of the multi million pound costs claim brought by Mr. Abromovic, Shell and BP Oil, and Newsgroup Newspapers in respect of the Voicemail Interception litigation. Nick was instructed to recover the costs in the failed Bernard Madoff Securities Int Ltd “Madoff” claim in 2014.
Career
Called 1992; Inner Temple; High Court assessor on costs appeals. Former Member of the Civil Procedure Rules Committee. Contributing editor to Halsburys ‘Laws of England’ (costs), Civil Courts Practice ’Green Book’; Butterworths’ ‘Costs Service’ and ’Civil Courts Precedents’; author of ‘Assessments of Costs under CPR’ (2001) and ’Taxation and Assessment of Civil Costs’ (1998); co-author of ‘The Bar Handbook’ (2008-2014). Assessor to Lord Justice Jackson’s Review of Fixed Costs.
Languages
French (working knowledge).
Memberships
Civil Procedure Rules committee, various Jackson Implementation committees; Bar Council Remuneration committees; Joint Tribunal (Bar Council/Law Society) on fee disputes; Bar Council CFA Panel; PNBA.
Education
Boys’ High School, Colchester; Essex University (LLB Law).
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