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Gemma Witherington

Call 2008

"She is a real fighter and an astute thinker".
(Legal 500)

Costs Litigation

Gemma is regularly instructed in costs disputes in the Senior Courts Costs Office, the High Court and the County Courts. She has considerable experience of detailed assessments of costs, acting for paying and receiving parties. She was recently instructed in the Privy Council in respect of a detailed assessment of costs.

In addition, she has litigated matters such as wasted costs orders; the premature issue of proceedings and the effect of Part 36 offers. She has also advised on the recoverability of ATE premiums and CFA funding arrangements and on issues of proportionality.

Her work also includes:

  • Costs management under the recent CPR 3.12-3.18
  • Costs budgeting and CCMCS
  • Costs capping orders under CPR 3.19.
  • Disputes arising from CFAs and DBAs following the Jackson reforms.
  • All matters arising under pre-April 2013 CFAs.
  • Application and interpretation of principles and rules on costs – e.g. the indemnity principle, scope of Part 36.
  • Detailed assessment hearings – both where points of principle are raised and the more standard assessment hearings.

Gemma has also delivered numerous seminars on the nature and effect of Part 36. Her recent blog article on Part 36 case law appears on Lexis Nexis.

Examples of notable work include:

  • Kagalovsky and Balmore v Wilcox and others [2015] EWHC 1337 (QB). Gemma acted as junior in one of the largest wasted costs cases reported.
  • Silver Point Condominium Apartments v Swart and others JCPC 2013/0073, in 2016, Gemma has represented the Appellant in an assessment of costs in the privy council.
  • Representing the Claimant in a dispute about the validity of a Part 36 offer and whether it is capable of acceptance. The case involves detailed analysis of both Part 36 and the common law regime of settlement.

Selected Cases

View full profile »



  • BA (Hons)
  • PgdDip
  • BVC: Very competent
  • Inner Temple Exhibition Award 2007-2008
  • Streuben Benefactor Award 2007- 2008


  • The Honourable Society of Inner Temple
  • Personal Injury Bar Association
  • Association of Personal Injury Lawyers


”A thorough and balanced barrister who maintains a calm presence and ensures all angles are thoroughly explored.”

“Her drafting style is clear and persuasive. She is very personable and easy to work with. She is excellent at responding quickly to enquiries. She has a good rapport with clients and is not afraid to take on difficult cases.”

“She has the knowledge and experience of breaking down complex legal and factual issues.”

“Her attention to detail is exceptional.”

“She is a rising star and a real fighter.”

“She is a real fighter and an astute thinker”.

“Very good at giving direct, sensible and pragmatic advice”.

“She is a very determined advocate and really fights her client’s corner”.

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