I write about legal costs, litigation funding and related questions arising in civil litigation. The emphasis is practical: what the authorities mean, how the rules operate and where the real risks lie.
The latest articles appear below. If you are looking for a particular area, the four broad gateways provide a quicker route into the archive.
Costs
Commercial costs, Part 36, QOCS, detailed assessment and related costs issues.
Litigation Funding
Funding agreements, ATE insurance, security for costs and the economics of litigation.
Solicitor-Client & Retainers
Solicitors Act assessments, retainers, CFAs, DBAs, success fees and deductions from damages.
Group & Specialist Litigation
Collective proceedings, group litigation and selected wider developments affecting civil justice.
Recent analysis
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The Sound of Silence
Regular readers of this website may have noticed that I have been rather quiet of late. That is not because there has been nothing happening in the world of costs. Quite the opposite. Costs law has retained its customary ability to generate new judgments, new arguments and, from time to time, entirely new problems which…
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ATE insurance and security for costs
All applications for security for costs begin with a simple proposition. A defendant has been brought involuntarily into litigation, may spend a substantial sum defeating the claim, and should not be left with a costs order which is worthless because the claimant cannot pay it. That proposition is easy to state. Its application is less…
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The Art of War
The Art of War was written by Sun-tzu more than 2000 years ago, and ever since has been pressed into god-awful analogies on business development and management-speak. I have on my shelves, the Folio Society edition, and a handsome tome it is, in jet black, with a matching black slipcase and inlaid with golden Chinese…
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Fools gold
The opt-out collective proceedings regime is a recent innovation, but there are signs already that winds of change are starting to blow in the Competition Appeal Tribunal, which may take away some of its lustre. In this article, I will consider the direction from which the winds are coming. The CAT’s jurisdiction in respect of…
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Representative claims
Since the landmark judgment of the Supreme Court in Lloyd v Google LLC [2021] UKSC 50 there have been a number of instances, where a representative claim has been brought, or attempted to be brought under CPR 19.8. Although arising in a wide range of contexts, CPR 19.8 representative claims can be said to appear…
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Fixed costs and thin margins
Low‑value claimant personal injury work now operates under relentless economic pressure. Fixed recoverable costs under CPR Part 45 reward speed, consistency and disciplined process, but leave little margin for wasted labour, duplication or error. In portal, OIC and small‑claim environments, the difference between profit and loss is often measured in minutes per file. It is…
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Uncivil costs disputes
The City of London with its Magic Circle and boutique litigation firms, remains a legal powerhouse, but challenges by outraged clients to their solicitors’ bills of costs seem to be increasingly common. This trend is likely to continue and increase with the work now underway through the auspices of the Civil Justice Council, on the…
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The Civil Justice Council Working Group on the Solicitors Act 1974
This morning, saw the publication of consultation paper by the Civil Justice Council Working Party on reform to the Solicitors Act 1974. The paper is long delayed, as it was expected to be ready a year ago. But its arrival is most welcome, and the contents and recommendations are intriguing. I shall enjoy reading the…