Martyn Griffiths

Areas of expertise

• Costs litigation

  Costs litigation

  Martyn is a leading costs barrister and one of a select group of juniors recommended for Costs Litigation by both the Legal 500 and Chambers UK. He has an “in-depth knowledge” of this complicated area of the law.

  Martyn is regularly instructed in high value inter-partes costs disputes or where there are important or complicated points of principle. He “knows his stuff, gives clear and thoughtful advice, and is easy to work with”. Martyn is often instructed against more experienced counsel and KCs in high value and complex litigation.

  In addition to being instructed in costs disputes at detailed assessment, Martyn is frequently instructed in relation to satellite costs issues such as security for costs, non-party costs and wasted costs applications.

  Martyn is experienced in advising on costs issues arising in group litigation. He is sole costs counsel for two major car manufacturers in different GLOs of the Pan-NOx ‘Dieselgate’ group litigation.

  Martyn is a specialist in Solicitors Act assessments and has been counsel in a number of significant decisions in this highly technical area of costs law. He is sought after by solicitors and clients alike for his knowledge of the law in this area as well as for his input on strategy.

  Martyn is frequently instructed to advise on solicitor-client costs matters, including potential retainer issues, the validity of statute bills, and the assignment of CFAs. His expertise in solicitor-client disputes means that he is frequently instructed to advise and draft retainer or funding documents for professional clients, including those to address changes in billing practices or to transfer retainers.

  He also advises in relation to litigation funding and insurance.

  Recent cases

  • Pan-NOx Emissions Litigation [2025] EWHC 2307 (KB) – Martyn is sole costs counsel for two major car manufacturers in two separate GLOs in the largest group litigation heard in the England and Wales. His involvement has related to all costs issues including costs budgeting and security for costs.
  • Joyvio Group v Moreno – Martyn represented the receiving party in the 11-day assessment of a c.£4m bill of costs arising out of international litigation in the Commercial Court.
  • APK Communications v Vodafone [2026] EWHC 811 (Comm) – Martyn acted for the applicants and obtained the court’s permission for them to be represented by two firms of solicitors.
  • Blackburn with Darwen Borough Council v Barnes [2026] EWHC 24 (TCC) – Martyn obtained non-party costs orders for a local authority against the debenture holders of a family construction company, having persuaded the court that the debenture holders had funded and controlled the underlying litigation.
  • Spanakis v Schillings International [2025] EWHC 873 (KB) – Martyn successfully represented the solicitors at first instance and on appeal against the client’s argument that the firm’s fees should be capped by a fee estimate. The case is one of the leading decisions on costs estimates in solicitor-client disputes.
  • Martyn advised his client in relation to costs in respect of group litigation arising out of the findings of a national inquiry.
  • Rollerteam v Siddiqi [2025] EWHC 612 (Ch) – Martyn successfully appealed against the first instance court’s decision that the approach of the bill to division and apportionment of costs was contrary to an unless order.
  • Mordue v Freeths LLP [2025] EWHC 1179 (SCCO) – Martyn represented the client and obtained an order for delivery of a final statutory bill. He successfully contended that the solicitors’ retainer did not entitle them to issue interim statutory bills and that the invoices were unclear as to the period to which they related such that they could not be interim bills in any event.
  • Guest Supplies v Spector Constant & Williams [2024] EWHC 2450 (SCCO) – Martyn successfully argued that the solicitors invoices were neither interim statutory bills or a Chamberlain bill by reason of the invoices overlapping and the complexity of some aspects of the fees being subject to a cap.
  • Wilkins v Serco [2023] EWHC 61 KB – a case concerning the correct approach to allocation in a low value claim for false imprisonment. The High Court approved the approach contended for by Martyn (and accepted by the Costs Judge) at first instance that the Court was entitled to place weight on the broader factors of the case and that the value should not require the case to be allocated to the small claims track. The Claimant’s entitlement to costs was thereby preserved. Martyn was led by PJ Kirby KC on the appeal.
  • Elias v Wallace LLP [2022] EWHC 2574 (SCCO) – Martyn acted for the successful solicitors in defeating an application for delivery of a statutory bill. The judgment addresses a number of novel points in relation to the Solicitors Act including that an updating construction should be taken to the construction of s.69 such that an email e-signature constitutes a signature for the purposes of the act.
  • Martyn successfully appealed a wasted costs order made against a solicitor in family proceedings for £87,000. The appeal court held that the first instance judge had followed an unfair procedure that resulted in substantive errors.
  • Kelly v Ralli [2022] EWHC B5 (Costs) – Martyn successfully applied to strike out a Solicitors Act claim where the Claim Form had been served at the incorrect address and sent by email.
  • Raydens v Cole [2021] EWHC B14 (Costs) – preliminary issue concerning whether special circumstances existed in a Solicitors Act claim.
  • Representing the receiving party in a detailed assessment following a major Commercial Court claim and appeal to Court of Appeal. The total value of the two bills were assessed at £1.36m.
  • Advising a funder in respect of a proposed funding scheme for a particular niche area of litigation. With PJ Kirby KC.
  • Malmsten v Bohinc [2019] EWHC 1386 (Ch) – appeal concerning the meaning of the words “of and incidental to” in a costs order and the application of proportionality in a detailed assessment.
• Commercial litigation and franchising

  Commercial litigation and franchising

  Martyn regularly acts in a broad range of commercial cases involving complex issues and substantial sums. His experience extends to a wide range of industries and commercial agreements.

  Martyn frequently deals with cases where allegations concerning misrepresentation, unfair terms (including post-contractual restrictions) or penalty clauses are advanced.

  Martyn has particular expertise in franchising and has acted in disputes concerning a wide range of industries. He acts for and against nationally and internationally recognised franchise businesses in substantial and complicated disputes. He has particular experience of claims concerning allegations of misrepresentation and the operation of post-contractual restrictions.

  Martyn also has considerable experience of dealing with important interim applications in commercial matters including applications for freezing injunctions, security for costs and strike out.

  Recent Cases

  • Lauralu v Bodypower [2026] EWHC 47 (Ch) – Martyn represented the successful appellant at a 4 day trial and subsequent 2 day appeal where it was ultimately determined that a substantial claim for damage to stock fell to be dismissed for want of proof. Martyn persuaded the appeal judge to overturn numerous findings of fact and inferences wrongly drawn by the trial judge.
  • Appearing for the claimant at a quantum trial for breach of a manufacturing agreement for unpaid royalties and loss of profits. Damages were assessed in the sum of £1.175m.
  • Acting for a lender at trial in respect of whether the default interest provisions in a loan had been triggered and whether the interest provided for constituted an unenforceable penalty.
  • Representing a franchisor who had terminated the franchise agreement on the basis of various breaches in the face of allegations of misrepresentation and force majeure from the franchisee.
  • Advising a franchisee in respect of their rights and obligations in respect of various items of equipment under the termination provisions of a franchise agreement.
  • Appearing at a 3 day trial concerning the breach of joint venture agreement.
  • Advising a party in respect of the prospects of advancing a claim of fraudulent misrepresentation in the context of a property investment.
  • Advising a client in respect of the construction of a pricing clause in a supply agreement of critical importance to their business.
  • Acting for a holiday park alleged to have breached an implied duty of good faith in respect of the terms of its license agreements.
  • Successfully defending a party to a contract against an allegation that they had deceitfully induced the other party to enter into the agreement. Martyn acted at trial and on appeal.
  • Advising in respect of the jurisdiction of an agreement between multi-national companies based in the USA and Zimbabwe regarding a contract concerning goods delivered in the UK. Martyn also advised on limitation and service of proceedings out of the jurisdiction.
  • Successfully striking out a claim brought against a franchisor for breach of the agreement.
  • Representing a franchisee in a claim brought for alleged breaches of the franchise agreement. In addition to a denial of the factual allegations, the case also concerned arguments that the clauses governing the consequences of breach were unenforceable penalties. Having advised and drafted the defence to the claim, Martyn resolved the claim to his client’s satisfaction at a mediation
  • Acting on an application for a Norwich Pharmacal Order on behalf of a bank where the applicant was concerned that the respondent was wrongly asserting that assets held by him were held on trust for other parties (led by Nigel Jones KC and Emily Betts).
  • Defending a claim where it was alleged that a loan was fraudulently procured.
  • Successfully obtaining freezing injunctions in the High Court in a claim brought against a Defendant employee and other parties who had conspired to defraud the Claimant.
  • Successfully acting for a commercial lender against a Defendant under a personal guarantee where the Defendant argued that the contract was unenforceable.
• Professional liability

  Professional liability

  Martyn has a busy professional liability practice which primarily relates to the legal, financial services and property sectors. He has acted in claims concerning allegations of solicitors’ and/or barristers’ negligence, negligent financial advice (whether relating to financial advisors, accountants or insurance brokers) and allegations of negligence involving property professionals (including surveyors and architects).

  Martyn has considerable experience of working for and against professionals and is mindful of the strategic and tactical needs of both clients in each of these situations. He is sensitive to the commercial considerations of insurers and to the position of solicitors with both insured and insurer clients.

  Recent Cases

  • Martyn successfully appealed a wasted costs order made against a solicitor in family proceedings for £87,000. The appeal court agreed that the Court at first instance had followed an unfair procedure that resulted in substantive errors.
  • Advising in respect of a claim for professional negligence against counsel concerning advice given relating to an appeal.
  • Acting for a client in respect of a claim against an IFA for negligent investment advice.
  • Advising and acting for a client in a claim against insurance brokers for failing to provide responsive cover.
  • Advising on the prospects of a claim against solicitors and counsel for advice given in the context of litigation. The claim particularly concerned the scope of advice to be expected in light of the instructions and scope of retainer.
  • Acting for a client in a claim against their solicitors in respect of negligent drafting and later application of an overage clause in the context of property transactions.
  • Acting for an architect whose client alleged that the work carried out was not in accordance with the scope of work and negligent in any event.
  • Acting for a Claimant in a claim against their solicitors where the underlying claim had been struck out.
  • Acting for Defendant solicitors in a claim concerning the advice given in respect of the provisions of a commercial lease.
  • Advising a Claimant in respect of a claim against auctioneers where the paintings which were described by the auctioneers as being authentic works by a prominent early 20th century artist were later discovered not to be.
  • Advising a Claimant in respect of the prospects of a claim where the Defendant solicitors’ IT system had been hacked leading to the Claimant being defrauded.
  • Acting for a Defendant surveyor; Martyn advised on and drafted an application that led to the claim against his client being discontinued.
  • Advising in respect of a claim against solicitors for failing to give adequate advice in respect of the client’s obligations under various financial agreements.
  • Representing an accountancy firm in respect of a claim brought against it concerning advice regarding the restructuring of the Claimant’s company and the consequent tax liability of both the individual and the company.