Let’s talk about the fine art of picking your battles—especially when those battles involve a 1,400-item costs bill and a judge with a limited supply of patience.
Robin Makin, a UK lawyer advocate from Liverpool Legal, recently found himself on the wrong end of a £46,541.40 indemnity costs order after what can only be described as a marathon costs assessment hearing. The culprit? A line-by-line challenge to just about every single item on the bill, which ballooned the hearing from its scheduled two days to a whopping four.
Deputy Costs Judge Lightman, presiding over the Senior Courts Cost Office, made it clear that Makin’s approach was, let’s say, “above the norm.” Instead of suggesting alternative figures or narrowing the issues, Makin opted to dispute nearly every point—without offering any real alternatives.
The judge, displaying a level of indulgence usually reserved for toddlers in toy stores, allowed Makin to make his case, but ultimately had to slog through each and every disputed item.
The result? A costs order on the indemnity basis, one of the highest Lightman had ever handed down, and a strong message to litigators everywhere: challenge with care, or risk turning a costs assessment into a four-day financial fiasco.
For lawyers, the takeaway is clear—while it’s tempting to scrutinize every penny, sometimes the cost of the fight far outweighs the potential gains. Save the line-by-line for your next spreadsheet, not the courtroom.
