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Alex Bagnall#198

Alex Bagnall

Total Legal Solutions
Alex has worked in legal costs since 2007 and qualified as a Costs Lawyer in 2014. He has served as the Technical Director of a large multi-site firm of costs draftsmen, was the Head of Commercial Litigation Costs at another national firm and was a Senior Associate at a firm of solicitors which specialised in costs litigation. He is currently the Technical Manager at Total Legal Solutions.

Alex's practice consists of complex, technical and high-value claims for costs. He appears regularly as an advocate in Courts throughout the country and has acted as an advocate in Supreme Court assessments on a number of occasions. His extensive experience includes conducting costs appeals in the Court of Appeal and the Supreme Court, costs of arbitration (including challenges to arbitrators' fees), costs disputes between solicitors and their clients and those between professional Trustees and Beneficiaries of Trusts.

Alex frequently delivers training to lawyers on costs issues and teaches a module in costs litigation as part of an SRA-regulated Professional Skills Course.
Contributed to

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Can a discounted CFA be used where a client has legal expense insurance (LEI) so that the usual charge out rate applies if successful, but the LEI rate applies if not?
Can a discounted CFA be used where a client has legal expense insurance (LEI) so that the usual charge out rate applies if successful, but the LEI rate applies if not?
Q&As
Can a solicitor sue for its outstanding fees in circumstances where they did not provide written terms and conditions to their client at the outset of the retainer but instead: verbally informed the client of the basis on which the fees would be charged, provided a breakdown of the fees charged with each invoices. Does it make a difference that the client made a number of interim payments on account in the interim?
Can a solicitor sue for its outstanding fees in circumstances where they did not provide written terms and conditions to their client at the outset of the retainer but instead: verbally informed the client of the basis on which the fees would be charged, provided a breakdown of the fees charged with each invoices. Does it make a difference that the client made a number of interim payments on account in the interim?
Q&As
Can a solicitor who takes action against a former client to recover unpaid fees, claim their costs of the recovery proceedings if they act in person? If so, what would be the measure of costs allowed (say standard hourly rates)?
Can a solicitor who takes action against a former client to recover unpaid fees, claim their costs of the recovery proceedings if they act in person? If so, what would be the measure of costs allowed (say standard hourly rates)?
Q&As
Can a witness of fact, who is a professional, be paid for his expenses that he has incurred in providing a witness statement? (ie for his time, and for his lost work)
Can a witness of fact, who is a professional, be paid for his expenses that he has incurred in providing a witness statement? (ie for his time, and for his lost work)
Q&As
Does a CFA have to include a success fee to be enforceable?
Does a CFA have to include a success fee to be enforceable?
Q&As
Does a hearing bundle need to be filed for a multi-track costs case management conference? What documents need to be filed for a multi-track costs case management conference?
Does a hearing bundle need to be filed for a multi-track costs case management conference? What documents need to be filed for a multi-track costs case management conference?
Q&As
Does the court in England have power to order that the solicitor for one party (party A) pay the costs of the other party (party B) if the solicitor for party B has not properly considered if its client can pay the costs?
Does the court in England have power to order that the solicitor for one party (party A) pay the costs of the other party (party B) if the solicitor for party B has not properly considered if its client can pay the costs?
Q&As
If a party to litigation has the benefit of a public funding certificate, can they claim costs awarded in their favour and payable by their opponent at private client rates (eg in accordance with the guideline rates) or are they restricted to the hourly rate that the legal aid board will pay to their solicitors?
If a party to litigation has the benefit of a public funding certificate, can they claim costs awarded in their favour and payable by their opponent at private client rates (eg in accordance with the guideline rates) or are they restricted to the hourly rate that the legal aid board will pay to their solicitors?
Q&As
In a companies court claim commenced after 1 April 2013, is the cost of after the event insurance premiums recoverable?
In a companies court claim commenced after 1 April 2013, is the cost of after the event insurance premiums recoverable?
Q&As
Is it a breach of the Legal Services Act 2007 for an individual who is not authorised to conduct litigation to complete certain tasks? Can the costs incurred by the unauthorised individual be recovered by the litigant in person? Does legal professional privilege apply as between a litigant in person and the unauthorised individual?
Is it a breach of the Legal Services Act 2007 for an individual who is not authorised to conduct litigation to complete certain tasks? Can the costs incurred by the unauthorised individual be recovered by the litigant in person? Does legal professional privilege apply as between a litigant in person and the unauthorised individual?
Q&As
Is there a requirement to serve an electronic bill of costs if the claim has only provisionally been allocated to the multi-track?
Is there a requirement to serve an electronic bill of costs if the claim has only provisionally been allocated to the multi-track?
Q&As
We consider that the cap of 25% of damages for our fees does not include any after-the-event (ATE) premium payable, ie the client pays our costs (capped at 25%) plus the premium. Could you confirm the position?
We consider that the cap of 25% of damages for our fees does not include any after-the-event (ATE) premium payable, ie the client pays our costs (capped at 25%) plus the premium. Could you confirm the position?
Q&As
What are the rules governing the enforceability or otherwise of a damages-based agreement (including restrictions on ‘hybrid agreements’), where it applies to the litigation only up to the point of judgment and thereafter the fees and costs associated with any enforcement measures are payable separately on an hourly rate on a standard retainer?
What are the rules governing the enforceability or otherwise of a damages-based agreement (including restrictions on ‘hybrid agreements’), where it applies to the litigation only up to the point of judgment and thereafter the fees and costs associated with any enforcement measures are payable separately on an hourly rate on a standard retainer?
Q&As
What considerations are there, or specific procedures to follow, when preparing a costs budget when the opponent is a litigant in person?
What considerations are there, or specific procedures to follow, when preparing a costs budget when the opponent is a litigant in person?
Q&As
When dealing with costs in a consent order does the order have to stipulate who the paying party will be?
When dealing with costs in a consent order does the order have to stipulate who the paying party will be?
Q&As
Where a claim by a litigant in person is admitted, with costs to be determined, can the litigant in person recover the costs of a solicitor instructed to deal solely with the costs determination?
Where a claim by a litigant in person is admitted, with costs to be determined, can the litigant in person recover the costs of a solicitor instructed to deal solely with the costs determination?
Q&As
Where a costs budget is one day late but the CMCC is vacated the next day (nearly three weeks before the hearing date) is this a breach of CPR 3.13(1)(b) such that relief from sanctions should be sought, or is the time period for determining whether there is a breach under CPR 3.13(1)(b) determined from the date of the rescheduled CCMC?
Where a costs budget is one day late but the CMCC is vacated the next day (nearly three weeks before the hearing date) is this a breach of CPR 3.13(1)(b) such that relief from sanctions should be sought, or is the time period for determining whether there is a breach under CPR 3.13(1)(b) determined from the date of the rescheduled CCMC?
Q&As
Where a party in litigation has no legal representation but is receiving discrete legal advice from counsel, are they regarded as a litigant in person for the purposes of the costs budgeting rules, ie do they need to prepare a costs budget if the matter is transferred from fast track to multi-track? If so, then can a litigant in person recover the costs incurred in obtaining counsel’s advice in the event that they are successful at trial or are they limited to recovery of litigant in person costs?
Where a party in litigation has no legal representation but is receiving discrete legal advice from counsel, are they regarded as a litigant in person for the purposes of the costs budgeting rules, ie do they need to prepare a costs budget if the matter is transferred from fast track to multi-track? If so, then can a litigant in person recover the costs incurred in obtaining counsel’s advice in the event that they are successful at trial or are they limited to recovery of litigant in person costs?
Q&As
Where the court has ordered the defendant to pay the costs of an application, to be summarily assessed, do these costs need to be added into the costs budget as estimated or incurred costs?
Where the court has ordered the defendant to pay the costs of an application, to be summarily assessed, do these costs need to be added into the costs budget as estimated or incurred costs?
Q&As
Where the court has struck out a claim for failure to pay the listing fee, is failure to pay a listing fee trivial if relief from sanctions is sought, and where the strike out order is silent as to costs, is the claimant automatically liable to pay the defendant’s costs?
Where the court has struck out a claim for failure to pay the listing fee, is failure to pay a listing fee trivial if relief from sanctions is sought, and where the strike out order is silent as to costs, is the claimant automatically liable to pay the defendant’s costs?
Q&As
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Practice Area

Panels

  • Case Analysis Panel
  • Q&A Panel

Qualified Year

  • 2014

Membership

  • Association of Costs Lawyers

Education

  • GDL, BPP
  • BSc (Joint Hons), University of Manchester Institute of Science and Technology
  • Costs Lawyer
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