Before the deluge
One of the issues that has been floating around for years in the field of litigation funding is the “Arkin” cap, which has been thought to apply to cap the adverse costs liability of third
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Presumptions and proof
In Herbert -v- H H Law Ltd (Final) the role of the presumptions came to the fore. It is worth remembering why there is a procedure for the assessment of costs under section 70 of the
Continue readingCharging 100% success fees and risk assessments
There are three significant points arising from the decision of the Court of Appeal in Herbert -v- H H Law Ltd (Final) handed down yesterday, which are of general importance to the profession, and not
Continue readingJudgment day: Herbert v HH Law Limited 3rd April 2019 at 10 am
Tomorrow, at 10 am the Court of Appeal (Sir Terence Etherton MR and Lindblom and Asplin LJJ) will hand down judgment in the case of Herbert v HH Law Limited. Copies of the handed down
Continue readingThe Lord of Misrule
Regretfully, I had to change my plans this weekend as our village’s Brexit street party, to celebrate the country’s liberation from vassalage and rebirth as an independent nation was inexplicably cancelled. Whether a new date
Continue readingWeak discretion and part 36
In 2018 there have been a number of interesting cases on part 36 including my own venture into the procedural jungle that of Hogg v Newton. In the case of Tuson v Murphy [2018] EWCA Civ 1461 the
Continue readingSpring dawning
We have reached the dog days of the year, the darkest point of winter, where one leaves home in the dark and comes home in the dark, enjoying the sensation of having marinated one’s feet
Continue readingClawing back the deficit
As has been wisely observed, once a disastrous loss has been sustained at trial, the loser’s thoughts turn immediately to mitigating the extent of the loss and in the context of costs this means casting
Continue readingThe last days of the republic
We live in strange days. This week the political class commenced tearing itself apart with renewed fervour over the on going Brexit debacle. The sense of the moment, is that the noose the government has
Continue readingSetting up a claims management company
One of the more niche areas of my practice, but which is one of the most interesting is the regulatory work that I undertake, advising claims management companies (CMCs) on various aspects of their businesses, and
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