Dr Mark Friston

Call: 1997

Dr Mark Friston is a leading expert on the law of costs and is the general editor of the leading textbook on the topic, Friston on Costs.  His book, published by Oxford University Press is frequently cited in court, both in this jurisdiction and elsewhere.  For further details or to order please see here.

Mark is now in full-time practice where he advises on all aspects of costs and litigation funding. Legal 500 2021 states that Mark “has an encyclopaedic knowledge of the law and the costs judges respect him. He has a gentle manner and style but is not afraid to be persistent.” Chambers UK, 2022 states that “there is nothing he doesn’t know about this area of the law.” “His knowledge on contentious costs is on another level.”

Mark Friston is familiar with all aspects of costs law but he is particularly well known for his expertise in dealing with points of principle, adjectival costs law, solicitor and client costs (including consumer issues), the incidence of costs, orders relating to costs, contracts of retainer, other contracts relating to litigation funding, and costs in tribunals. He is frequently instructed to draft contracts relating to group litigation (such as litigation funding agreements, costs sharing agreements and contracts of retainer), both by clients in this jurisdiction and internationally.

Whilst very much separate from his practice at the Bar, Mark Friston frequently sits as a Deputy Master in the Senior Court Costs Office and also sits as a Costs Judge of the First-Tier Tribunal.

Notable cases in which Mark Friston has appeared include:

  • Coventry & Ors v Lawrence & Anor [2015] UKSC 50
  • Denton & Ors v TH White Ltd & Ors [2014] EWCA Civ 906

Recent judgments in which his book has been relied upon include:

  • Prospect Healthcare (Hairmyres) Limited v Keir Build Limited [2017] ScotCS CSOH 112, per Lord Doherty
  • Capital Document Solutions Ltd v Highland Copiers Ltd & Ors [2016] ScotCS CSIH 88, per Lord Carloway
  • TUI UK Ltd v Tickell & Ors [2016] EWHC 2741 (QB), per Laing J
  • Campbell v Campbell [2017] EWHC 182 (Ch), per Murray Rosen QC

Mark Friston has been recommended in costs since it was first recognised as a specialism at the Bar.

  • “There is nothing he doesn’t know about this area of the law.” “His knowledge on contentious costs is on another level.” Chambers UK, 2022
  • “A heavy-weight intellectual with an encyclopaedic knowledge of costs law.” Legal 500, 2022
  • “As a deputy costs judge himself, he understands intimately how the SCCO works.” Chambers UK, 2021
  • “Writes very well and has produced the best book on costs.” Chambers UK, 2021
  • ‘‘The costs judges respect him. He has a gentle manner and style but is not afraid to be persistent." Legal 500, 2021
  • “He has an absolutely encyclopaedic knowledge of costs law.” and “has produced the most fantastic book on the subject.” Chambers UK, 2020
  • “He has an encyclopaedic knowledge of costs law and its interpretation”
  • Legal 500, 2020
  • “Very competent and takes bullish points” “He is a fantastic academic lawyer who has written one of the leading texts books on costs” Chambers UK,  2019
  • “Probably the leading junior in terms of technical knowledge, he’s on par with any QC when it comes to costs and litigation funding.” Chambers UK, 2017
  • “He has an incredible towering intellect." and "His breadth of knowledge is enormous.” Chambers UK, 2016
  • “Knows his subject inside out, and is easy to work with.” Legal 500, 2015
  • “He really is an expert in the field. His knowledge of the law is second to none … a really safe pair of hands, a great choice for any costs case, regardless of size, value or complexity.” Chambers UK, 2015
  • “Dr Mark Friston is a leading expert on costs and litigation funding.” Legal 500,  2014

Memberships:

  • Former Vice Chair of the Bar Council’s Remuneration Committee (2012 – 2018)
  • Member of the Royal College of Physicians (1993)
  • Registered medical practitioner (non-practising) (1989)
  • Trustee of the Behçet’s  Syndrome Society

Qualifications:

  • Gonville & 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)
  • Costs lawyer (non-practising) (2008)
  • Legal Project Practitioner (2018)

Awards:

  • Honorary Fellow of the International Institute of Legal Project Management (2018)

Judicial appointments:

  • Deputy Master, Senior Court Costs Office and Deputy Costs Judge, First-Tier Tribunal (2012)

ICO Data protection registration number: Z5325523

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