Mark Friston

Practice:

Mark practices in two areas: the law of costs and clinical negligence.

What others say:

Chambers and Partners 2010 records that Mark is “one of the best barristers outside London”. Previous editions of Chambers and Partners have described Mark as being “up there with the best ... evidence of the fact that you can get national quality work without being in London” (2009), that he is "tremendously boned up on the technicalities" (2007), and that he is “a supremely forensic lawyer” (2008).

According to the Legal 500 2008/9 , he is has “built a national practice in costs litigation”; previous editions have described him as “the regional Bar’s specialist in legal costs litigation”.

Profile:

Mark has a national practice in the law of costs. He is the only practising barrister to be an Associate of the Association of Law Costs Draftsmen (very shortly to become a Fellow). He is author Civil Costs: Law and Practice .

Whilst Mark enjoys the challenge of contentious work, an increasingly large part of his practice is non-contentious advisory work (such as advising on legal funding, retainers and regulatory matters). In so far as contentious work is concerned, Mark has particular expertise in the following areas: solicitor-and-client disputes; very high value between-the-parties costs; procedural issues; disputes concerning legal expenses insurance; and disputes concerning the indemnity principle.

Mark’s emphasis is on client care and teamwork. He is happy to accept instructions either from solicitors or suitably qualified costs draftsmen.

A significant part of Mark’s practice reflects the fact he is qualified in medicine and is a Member of the Royal College of Physicians. He has a particular interest in medical clinical negligence, but he also deals with surgical negligence (including orthopaedic and obstetric claims).

Significant Reported Cases and Publications:

Drew v Whitbread (2009) EWCA hearing 1 December 2009 (judgement awaited) (applicability of fixed costs)
(with Craig Ralph )

Blakemore v Supatax (2009) Unreported, Court of Appeal, 10 June (test to be applied to payments on account of costs)
(with Paul Hughes )

Various Claimants v Gower Chemicals Ltd [2008] All ER (D) 233 (Apr), [2008] 4 Costs LR 582
(disclosure in detailed assessment proceedings)

Multiple Claimants v Corby Borough Council   [2008] EWHC 619 (TCC)
(costs capping in group litigation)(with Craig Ralph )

Birmingham City Council v Crook  [2007] All ER (D) 191 (Jun), [2007] 5 Costs LR 732

(enforceability of conditional fee agreements)

Various Claimants v Gower Chemicals Ltd [2007] 4 Costs LR 647
(enforceability of conditional fee agreements)(with Matthew Smith )

AB and Ors v British Coal Corporation [2006] All ER (D) 227 (Oct), CA
(success fees under a compensation scheme)

Jones v Caradon Catnic [2006] 3 Costs LR 427, CA
(concerning materiality and collective conditional fee agreements) (with Paul Hughes )

Spencer v Wood [2004] All ER (D) 275 (Mar), CA, [2004] 3 Costs LR 372, (2004) Times, 30 March
(enforceability of conditional fee agreements)

Smiths Dock Ltd v Edwards [2004] All ER (D) 181 (May), [2004] 3 Costs LR 440
(the quantum of success fees)

Mattel Inc v RSW Group PLC [2004] All ER (D) 58 (Jul)
(local versus London rates in intellectual property cases)

Lownds v Home Office [2002] 1 WLR 2450, CA, [2002] 4 All ER 775, (2002) Times, 5 April
(guideline case on proportionality)

D v D [2002] All ER (D) 319 (May), [2002] 2 Costs LR 312
(costs in "big money" family cases)

Mark has written a 500,000-word textbook on costs called Civil Costs: Law and Practice . It is due to be published in January 2010 by Jordans Publishing Ltd.

Mark writes (along with other members of Kings Chambers) the Costs Brief for the New Law Journal. Recent articles include:

  • Back to the Future, New Law Journal (2009) Vol.159 No.7370 Pages 740-742
  • Contracts Made Away from Solicitors’ Places of Business, Costs Lawyer (2009) Issue 3, 9-16
  • Multiplex Lessons, New Law Journal (2009) Vol 159 No 7350/51 Pages 31-33
  • Protective costs orders, New Law Journal (2008) Vol.158 No.7335 Pages 1223-1224
  • Beating offers, New Law Journal (2008) Vol.158 No.7323 Pages 782-783
  • Interest on Costs, New Law Journal (2008) Vol.158 No.7316 Pages 514-517
  • Costs draftsmen’s success fees, New Law Journal (2008) Vol.158 No.7307 Pages 216-217
  • Election, New Law Journal (2007) Vol.157 No.7288 Pages 1256-1257 and 1308-1309
  • Post-entitlement agreements, New Law Journal (2007) Vol.157 No.7278 Pages 890-891
  • Costs Capping, New Law Journal Vol.157 No.7269 Pages 546-548
  • Conduct and Costs, New Law Journal (2007) Vol.157 No.7259 Pages 216-217
  • Medical Agency Fees and Rectification of Retainers (2006) ALCD Journal , July, Pages 1-3
  • Part 18 Requests in Costs, New Law Journal (2006) Vol.156 No.7251 Pages 1880-1881
  • Quantum of ATE premiums, New Law Journal (2006) Vol.156 No.7242 Pages 1471-1472
  • Avoidance and Costs, New Law Journal (2006) Vol.156 No.7239 Pages 1358-1359
  • Qualitative Breaches and CFAs, New Law Journal (2006) Vol.156 No.7236 Pages 1242-1243
  • Medical Agency Fees, New Law Journal (2006) Vol.156 No.7228 Pages 946-947
  • Costs Cutting, New Law Journal New Law Journal (2006) Vol.156 No.7223 Pages 737-739
  • Materiality, New Law Journal New Law Journal (2006) Vol.156 No.7219 Pages 592-593
  • Costs Draftsmen’s fees, New Law Journal (2006) Vol.156 No.7214 Pages 364-365
  • Estimates, New Law Journal . (2005) Vol.155 No.7202 Pages 1813-1815
  • CFA Revocation Regulations, New Law Journal New Law Journal (2005) Vol.155 No.7192 Pages 1347-1348
  • ATE insurance and the FSA, New Law Journal (2005) Vol.155 No.7189 Pages 1241-1242
  • RSA Pursuit, New Law Journal New Law Journal (2005) Vol.155 No.7185 Pages 1097-1099
  • Success, Conduct and Costs, New Law Journal . (2005) Vol.155 No.7181 Pages 939-941
  • Restricting the scope of split success fees, New Law Journal (2005) Vol.155 No.7177 Pages 765-766
  • Costs Capping, New Law Journal (2005) Vol.155 No.7176 Pages 749-751
  • VAT and Costs, New Law Journal (2005) Vol.155 No.7171 Pages 539-540
  • Qualitative Breaches, New Law Journal (2005) Vol.155 No.7167 Pages 377-378
  • Success Fees, New Law Journal (2005) Vol.155 No.7163 Pages 214-215

Commissioned publications include:

  • Roles and responsibilities of medical expert witnesses BMJ , Aug 2005; 331: 305 - 306
  • New rules for expert witnesses BMJ , May 1999; 318: 1365 – 1366

Conferences (as speaker) include:

  • The annual meeting of the Association of Law Costs Draftsmen (2003 and 2009)
  • The Conditional Fee Agreements Conference (Sweet & Maxwell) (2007 to 2009)
  • The Annual Remuneration Conference of the Bar (2007)
  • The Manchester Law Society Costs Conference (2005, 2006, and 2007)
  • The European Society of Anaesthiology Annual Meeting (Munich) (2007)

Recommendations  & Memberships

       Recommended in costs (first ranked in Chambers since 2007)

       Associate of the Association of Law Costs Draftsmen (soon to be Fellow)

       Member of the Bar Council's conditional fee agreements committee

       Member of the Royal College of Physicians (1993)

 

Career & Education:

Universities: 

Caius College, Cambridge (Medical Science Tripos) (1986)

The Royal London Hospital Medical College (1989)
Member of the Royal College of Physicians (1993)

University of Westminster (CPE) (1996)

Examination for associate memberships of the ALCD (2008)

Year of Call:

1997 (Middle Temple)

Joined Chambers:

2003 

 

Mark Friston

Year of Call:  1997

Specialises In:
Costs
Clinical Negligence 

Clerked by:
 Stephen Loxton

Chambers UK

 

 

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