Navigating Costs: Strategies for Effective Cost Recovery in Civil Litigation (2025) (On Demand)

This On Demand was recorded on 26 February 2025.

As legal costs continue to rise, mastering the intricacies of costs in civil cases is essential for practitioners striving to secure fair recovery for their clients. A legally successful case can become a Pyrrhic victory if unrecovered legal and expert costs leave your client substantially out of pocket. Join our expert-led On Demand as we unpack the latest trends, case law, and procedural nuances in this complex area of law.

Recent amendments to the Rules and increasing judicial scrutiny on cost management make it crucial to grasp the current approach to calculating scale costs, the thresholds for increased and indemnity costs, and the strategic role of seeking costs, by analogy with scale, for steps not provided for. While partial, rather than indemnity, cost recovery remains the norm in New Zealand’s civil justice system, this session will discuss ways to maximise cost recovery within that framework, with a focus on recent developments. Our session will cover practical approaches to handling large disbursements, navigating costs in cases with multiple causes of action, and adapting to evolving judicial expectations around costs, especially after discontinuance.

This On Demand is designed for practitioners seeking to strengthen their approach to cost applications and align with recent legal developments.

Learning Outcomes

Receive a refresher on the core principles regarding costs and the correct calculation of scale costs.
Gain a deeper understanding of key issues in departing from the scale, such as grounds for increased or indemnity costs, reduced or refused costs, and handling more complex costs scenarios.
Gain insights into the recovery of large disbursements including expert and electronic discovery invoices, and the enforcement of contractual indemnity costs provisions.
Become better informed about the new costs rules for lay litigants.
Learn about how to approach these issues when seeking, or opposing, costs, including tips for maximising (or minimising) costs, and how to avoid common mistakes and misconceptions.

Who Should Watch?

Civil litigators, and commercial lawyers who draft clauses regarding costs in the event of a dispute.

Presenters

Nicholas Wood, Special Counsel, Chapman Tripp, Wellington
Tiho Mijatov, Barrister, Stout Street Chambers, Wellington

Tiho Mijatov

Tiho is a barrister at Stout Street Chambers in Wellington. He is an experienced trial and appellate advocate, ranked by The Legal 500 Asia-Pacific New Zealand Bar directory in top tier 1 as a leading barrister-sole for commercial disputes (2024).

Tiho has appeared in all levels of courts and various tribunals in a wide variety of civil, commercial, and other cases involving costs issues. These include commercial cases, breach of contract, equitable claims, tort claims and proceedings as diverse as costs in public interest public law cases, landlord/tenant arbitral cost issues, and claims for increased or indemnity costs.

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Nicholas Wood

Nicholas is a special counsel in Chapman Tripp’s Wellington litigation team. With over 20 years’ experience, Nicholas acts for and advises clients on a wide range of issues including contractual and commercial disputes, tort law, intellectual property and administrative law. An expert in his field, Nicholas co-authors the leading textbook on civil procedure in the higher courts of New Zealand, McGechan on Procedure. He is also the author of Sale of Goods in New Zealand, a recent New Zealand text on the law of sale of goods.

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Details

CPD Hours: 1.50hr

Pricing Details

Ticket Price

Member: $155 plus GST
Non-Member: $220 plus GST

This On Demand includes the video and materials, and will earn CPD.

Click here to access materials only.