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 living legends
Next week, the living legends that are my good friends and colleagues Paul Hughes and Matthew Smith will be giving a Zoom costs seminar on the recent decision of the Court of Appeal in the case of Kenig v Thompson Snell and Passmore LLP. A seminal decision on the scope of third party detailed assessments,…
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The roleplaying game
One of the features of ChatGPT which illustrates its flexibility, is that you can use roleplay to inform its responses. Let me explain what I mean by that. Because ChatGPT works in an iterative way, you can interrogate it, and refine its answers or expand the scope of your enquiry at will. But you can…
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Under the bonnet
An interesting case that came to my attention last week is that of Kindertons Limited v Georgina Murtagh and Esure Services Limited [2024] EWHC 471 (KB) a decision of Mr Justice Turner on appeal, from Mr Recorder Gallagher sitting in the County Court at Chelmsford. The appeal concerned the vexed and vexing question as to whether…
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Christ of St John of the Cross
When I was 10 years old, I was given a Religious Studies textbook. The front cover was illustrated with a picture of the painting Christ of St John of the Cross, painted by Salvador Dali. If you have not seen this picture before, let me show you a copy of it: he painted it in…
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The hard stuff
2024 is the year when the use (or abuse) of artificial intelligence (AI) will become a real issue for the legal profession. A sign of the times is that the Bar Council has recently published a document containing what is emphatically not guidance, nor legal advice, which sets out a number of points on the…
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Charging in an age of artificial intelligence
“Come with me, if you want to live!” Kyle Reese to Sarah Connor-The Terminator Introduction Artificial intelligence (AI) (provocatively called by some futurists “synthetic life”) has not only arrived, but it has also been with us for a number of years, embedded in Iphones, and under the bonnet of various iterations of Google. But in…
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The gogglebox
Last week Craig Ralph and I undertook our annual review of Personal Injury costs. We covered topics including fixed costs, hourly rates and the new guideline hourly rates, medical agency fees, and some interesting QOCS cases. The seminar was recorded and can be accessed on the chambers YouTube channel. If you wish to view it,…
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Personal Injury Costs Seminar
It is that time of year again. On 27th February 2024, the living legend that is Craig Ralph and I will be talking about personal injury costs in our annual Zoom seminar. As the blurb has it: Andrew Hogan and Craig Ralph undertake their annual review of current issues in personal injury costs including fixed costs, hourly rates,…