A Question Time on Costs 28th April 2016

On 28th April 2016 I am coming to Manchester with some of my colleagues, to undertake a “question time on costs” at the Lowry from 4.30pm to 6.30pm.

This will be a panel led discussion on topical issues including fixed costs, costs budgeting, assignment of CFAs, digital billing and solicitor/own client disputes followed by wine and canapés.

The members of Ropewalk Chambers’ Costs Team attending as well as myself will be  Andrew Lyons, Shilpa Shah, Jonathan Owen, Tom Carter and Nikhil Arora.

Questions for the panel, submitted prior to the event, are welcomed (see the booking form).

The seminar attracts two SRA continuing professional development points at advanced level.

Places are strictly limited, so early booking is recommended.

There is no charge to delegates for this event.

You can book online here: http://ropewalk.co.uk/knowledge-sharing/events

 

Tinkering under the bonnet

We are now approaching the third anniversary of the implementation of LASPO 2012 on 1st April 2013. Over the course of the next 12 months, I am contemplating a decline in the volume of pre-LASPO cases, with their recoverable success fees and ATE premiums.

That such cases will continue, albeit in decreasing numbers beyond 12 months, I have little doubt. The last enforceability challenge that I undertook in relation to a conditional fee agreement under the Conditional Fee Agreement Regulations 2000 was in 2012: some 7 years after the repeal of the 2000 Regulations. The larger claims, and those involving extended limitation periods will continue for longer under the old system.

So one area, which remains of interest to me and I think will continue to be part of the cut and thrust of detailed assessment for a good while yet, relates to the recoverability of ATE premiums, and the scope by which they can be reduced on detailed assessment.

Last week Master Rowley handed down judgment in a case that I argued before him, acting for the paying party, where my submissions succeeded to the extent that an ATE premium was reduced by many tens of thousands of pounds.

The judgment can be found here, and is interesting for the depth of the analysis on the evidential underpinning for the premium claimed MacFadyen v Event Technologies Limited SCCO Master Rowley 11th March 2016

The tightening of the screw

Yesterday the Court of Appeal handed down judgment in a case I successfully argued for the appellant on appeal, representing the latest chapter in the Mitchell/Denton saga.

The judgment in Gentry v Miller and UK Insurance [2016] EWCA Civ 141  contains an interesting discussion by the Court of Appeal on the correct approach to applications to set aside judgments by an insurance company which wished to raise allegations of fraud.

A copy of the judgment can be found here: Gentry v Miller and UK Insurance

Assignment: the tide continues to flow

I am grateful to Marcus Davies and William Mackenzie of DWF who have brought to my attention a further case on the assignment of conditional fee agreements their firm was involved in.

This time, the decision was in the SCCO and the judgment of Master Rowley has been recently handed down.

A copy of their article on the decision of Master Rowley can be found here:

http://insurance.dwf.law/news-updates/2016/03/dwf-successfully-argue-that-there-is-no-presumption-in-favour-of-assignment-of-cfas-when-claims-are-transferred-to-new-lawyers/

The actual judgment itself can be found here:Webb v London Borough of Bromley

The Ropewalk Chambers Personal Injury Conference

The Ropewalk Chambers Personal Injury Conference has just concluded. It was a pleasure to meet so many of you, some for the first time, including particularly the gentleman who came all the way from Dublin and made such a generous donation to our charitable cause.

The paper that I delivered can be found here: Costs 2016 A paper by Andrew Hogan

Next month I am making a trip to Manchester, in order to take part in a costs seminar on 28th April 2016, for which again, there is no charge, which I think will last a couple of hours after the court day, and where I am assured generous liquid hospitality will be on offer.

Again, I hope to see many of you there.

I shall post some more details about that, at the end of next week.