Overview

Issues relating to the effective and efficient delegation of tasks in litigation have never been more important.   The significance relates to efficiency, costs and compliance with the litigator’s professional and statutory obligations.

Very little guidance is given to practitioners on what and how to delegate.   A failure to delegate effectively can lead to costs being reduced considerably on assessment and at the costs budgeting stage.

This webinar considers:

• The statutory duties – who has “conduct” of the action.
• Delegation and litigation in costs budgeting and the assessment of costs
• “The art of delegation”
• What can you delegate?
• Providing guidance when delegating
• Recording and justifying time
• Avoiding allegations of duplication
• Are the costs involved in delegation recoverable?
• Attendance notes and internal notes in delegation

Target audience and additional materials

The session will provide useful guides, links and a checklist.

It aims to help both those delegating tasks and the “delegatee"

Useful quotes

In Mazur & Anor v Charles Russell Speechlys LLP [2025] EWHC 2341 (KB), Mr Justice Sheldon observed that it was not possible for a solicitor to delegate the entire conduct of a matter to staff who had no statutory right to conduct litigation. He endorsed the Law Society’s submissions that “Tasks may be delegated but conduct of the litigation may not.”

In Rushbrooke UK Ltd v 4 Designs Concept Ltd [2022] EWHC 1416 (Ch) HHJ Paul Matthews (sitting as a Judge of the High Court) said “One of the important skills of a solicitor is to know how to delegate less important work to less expensive fee-earners.”

In high value personal injury cases  the role of delegation by senior fee In the note provided by Costs Judge Brown on costs budgeting earners is considered:- “When considering the hourly rates claimed, consideration may be given to the involvement of a senior fee earners in work which could reasonably be delegated to a more junior fee earner (at lower hourly rates).”