I am Andrew Hogan, a barrister at Hailsham Chambers.
I am a specialist costs and litigation funding barrister. I am ranked as a Band 1 costs barrister, have 30 years’ experience at the Bar, and lead the Costs Group at Hailsham Chambers.
I advise and appear in cases where costs are not an afterthought, but part of the litigation strategy. In substantial disputes, costs can affect settlement, funding, security, budgeting, appeals, enforcement and the real commercial value of success or failure.
My work includes commercial costs, litigation funding, retainers, solicitor and own client disputes, non-party costs, wasted costs, collective proceedings, group actions, costs appeals and costs mediation.
Most of my work is London-based, particularly in higher-value commercial, professional liability, funding and costs disputes. I am regularly instructed by solicitors, insurers, funders, commercial parties and costs professionals. I also travel internationally where the case justifies it, including to the Cayman Islands, Dubai, Gibraltar, Jersey and other offshore or international litigation centres.
What I do
I provide advice, drafting, advocacy, conferences, mediation and urgent tactical input in costs and funding disputes.
I am often instructed where:
- The costs at stake are substantial;
- The case involves commercial litigation or professional liability;
- A funding arrangement, CFA, DBA or ATE policy needs scrutiny;
- A costs budget may affect the value or conduct of the claim;
- A Part 36 offer or settlement proposal has serious costs consequences;
- A consequentials hearing requires focused costs advocacy;
- A solicitor’s retainer or bill is under challenge;
- A non-party costs order is being considered or resisted;
- A wasted costs application is threatened or made;
- A group action or collective proceeding raises costs and funding issues;
- A costs decision may need to be appealed.
Commercial costs
Commercial costs can decide the economics of litigation.
I advise receiving parties seeking to maximise recovery and paying parties seeking to reduce exposure. My work includes costs budgeting, costs management, interim applications, security for costs, summary assessment, Part 36, consequentials hearings, indemnity costs, issue-based costs orders, interest, payments on account and detailed assessment.
Litigation funding
Funding is part of the machinery of modern litigation.
I advise on litigation funding agreements, CFAs, DBAs, ATE insurance, adverse costs risk, security for costs, settlement priority, funder exposure and non-party costs risk. I act for parties, solicitors, funders and insurers in disputes where the funding structure affects the viability or value of the case.
Retainers and solicitor-client costs
A solicitor’s retainer is the foundation of the right to charge.
I advise on retainers, client care letters, CFAs, DBAs, contentious business agreements, estimates, informed consent, deductions from damages, success fees, shortfall recovery and assessments under the Solicitors Act 1974. I act both for solicitors defending bills and clients challenging them.
[Retainers]
[Solicitor and Own Client Costs]
Non-party costs
A costs order may sometimes be sought against someone who is not a named party to the litigation.
I advise applicants and respondents in non-party costs applications involving directors, shareholders, funders, insurers, group companies, commercial backers, claims management companies and others said to have funded, controlled or benefited from litigation.
Wasted costs
Wasted costs applications are serious because they are directed at legal representatives.
I advise and appear in applications involving allegations of improper, unreasonable or negligent conduct by solicitors or counsel, including procedural defaults, hopeless points, defective evidence, adjournments, abandoned applications and costs said to have been caused by litigation conduct.
Collective proceedings and group actions
In collective proceedings and group litigation, costs and funding are often central to the case.
I advise on funding structures, ATE insurance, security for costs, adverse costs risk, common costs, individual costs, costs sharing arrangements, funder exposure, settlement, deductions from damages and costs issues arising in GLOs, representative claims and collective proceedings.
[Collective Proceedings and Group Actions]
Costs appeals
Costs appeals require discipline. Disagreement with a costs decision is not enough.
I advise and appear in appeals involving costs orders, detailed assessment, solicitor-client costs, Part 36, non-party costs, wasted costs, budgeting, consequentials hearings and other costs decisions where the issue is whether the court made an appealable error.
Costs mediation and ADR
Costs disputes can become litigation after the litigation.
I act as a mediator in costs disputes and as counsel for parties attending costs mediation. My mediation and ADR work includes solicitor-client disputes, commercial costs, funding disputes, detailed assessment, non-party costs, wasted costs and settlement-related costs issues.
Instructing me
For availability, fees and urgent enquiries, please contact my clerks at Hailsham Chambers.
When making an enquiry, it is helpful to identify the client, opponent, nature of the litigation, costs or funding issue, amount at stake, procedural stage, deadline and work required.
A short note identifying the real issue is often more useful than a large unexplained bundle.