Cost Defence and Cost Recoveries - DAC Beachcroft

Cost Defence and Cost Recoveries

In the claims environment legal costs can often outweigh the value of the claim itself. Therefore it is in the client's interest to not only minimise the amount paid in damages, but also limit the amount paid in costs. We support our clients in challenging third party costs and recovering costs when successful in litigation, thereby maximising savings and minimising their overall spend.

What we do

We have a specialists cost team based in Birmingham, we have expertise in third party cost management, strategic projects, recoveries and cost budgeting.

Our key aim is to reduce the amount a client will pay in costs and do this in a cost effective way.

What we are known for

80% of our lawyers act for specific clients. This enables our lawyers to immerse themselves into the claims philosophy, working practices and SLAs of the client. We are advocates for working in designated teams so that we can learn about our clients' needs and challenges, but ultimately be seen as an extension of that team and adaptable on the delivery of value we add.

Our average cycle time on challenges are within 50 days and on recoveries we prepare a Bill of Costs within 21 days of receipt. We are the best performing panel member for one of our major clients and regularly exceed KPI's in savings, cycle times, volume of settlements and indemnity spend.

We strive to maintain and enhance our relationship with our clients through cost-effective, quality service delivery in line with their business needs. We are also happy to provide free training and keep our clients updated on changes to the law.

We have a bespoke case management system and dedicated software to streamline the cost processes. And we will provide MI with regular updates to allow our clients to monitor our progress.

Detailed elements of our services

Third Party Challenges

The key features of our structure include:

  • A team trained to settle volume claims using skilled telephone negotiations;
  • The emphasis as much on the total paid as the savings achieved to take account of inflated claims;
  • Influencing the behaviour of claimant solicitors by making early Part 36 Offers;
  • Providing a consistent approach between pre-litigated and litigated stages;
  • First class MI gathering on MOJ case;
  • Our team handles the recovery of costs when the defendant wins in litigation and when the claimant arm of the business succeeds in damages and costs follows;
  • We have a bespoke cost management system and dedicated software to streamline Bill of Costs preparation;
  • All our lawyers are subdivided into dedicated client teams.

Projects

In addition to having sub-teams, which mirror our clients' structures, our more experienced lawyers deal with project cases. This usually involves:

  • Targeting a particular firm of solicitors that have shown poor behaviour identified, either through management information or anecdotally by us or our clients;
  • These costs are dealt with differently from our normal "run of the mill" cases;
  • We have had successes against target firms where our strategy is to list a number of cases back-to-back in the same court, so that the Court can take a view on the bills that are very similar in nature or have significant issues identified.

Cost Budgeting

  • We provide input at an early stage of the litigation in order to challenge any cost budget put forward by the other side, and ensure that any costs submitted by ourselves are reasonable and proportionate;
  • We have a dedicated cost budgeting team - they ensure cost budgets are appropriately set and challenged when required. This includes challenging through skilled negotiation and providing advocacy nationally at Costs Management Conferences.

What our clients say

We pride ourselves on our expertise as well as maintaining KPI performance against other firms.

  • Average savings on Fast Track of 37.6% and 36.55% for multi-track;
  • Average cycle time of 93 days across Fast Track and Multi-track claims;
  • Average cycle time of 45 days for settling pre-litigation costs;
  • Average recovery of 75% on own costs.

Expertise