Dean Holmes

Experience

• I am an associate and technical legal costs specialist and advocate practicing principally in this specialism since 2005.
• My practice covers the period of significant legal reform following recommendations made by Lord Justice Jackson in his report into civil litigation costs and the subsequent implementation of the Legal Aid and Sentencing and Punishment of Offenders Act 2012.
• I act for and represent paying parties in detailed assessment proceedings, costs and case management conferences as well as at mediations and joint settlement meetings.
• My cases involve claims for costs in industrial disease, serious accidents, clinical and professional negligence as well as commercial disputes.
• I have advised on a number of reported cases, involving the correct interpretation of CPR Part 36 offers and the relevant consequences in cases involving the application of and escape from fixed costs, taking a case to a Regional Costs Judge in order to successfully persuade him that his earlier decision to award indemnity costs (in cases where there had been a late acceptance of a CPR Part 36 offer) was wrong - Whalley v Advantage Insurance  
• I acted for a top 10 insurer in a group of consolidated cases within which allegations of civil fraud were made against a solicitor resulting in a substantial discontinuance.
• I advise on the scope of and amount of costs payable in pre-action disclosure applications where fixed costs do not apply as well as the interplay between CPR Part 31, CPR Part 45 and CPR Part 46.  
• I provide advice on “exceptional circumstances” within the meaning of CPR Part 45 and the court’s powers to award more or less than those amounts payable in fixed costs cases.
• I regularly appear as an advocate in the County Court and Senior Court Costs Office in provisional assessment review hearings, detailed assessment hearings and costs and case management conferences.

Significant reported cases

• Whalley v Advantage Insurance

Membership/appointments

• Chartered Institute of Legal Executives