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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Retainers and billing after Belsner
Last week, Craig Ralph and I, held another Zoom webinar, on a number of issues arising from the Belsner and Karatysz decisions. In particular, we considered retainers, costs estimates and billing practices. The webinar was recorded and can be found here:
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Fixing problems
Although the expansion of fixed costs has now been deferred to October 2023 (possibly), for many years the existing scheme of fixed costs for cases commenced in the MOJ Portal, or which should have been commenced in the MOJ Portal, or which began in the MOJ Portal but dropped out of it, has been generating…
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Escaping Fixed Costs A Discussion Paper
Further to the Zoom seminar, that Paul Hughes and I put together, a few weeks ago, I am now pleased to place on this website, the discussion paper that we have drafted. A copy of the paper can be downloaded here: Escaping Fixed Costs – Discussion Paper Since the seminar, the government have announced that…
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Paragraph 103
This month I have been to the Court of Appeal twice, to argue different appeals on various points concerning QOCS. Judgment has been reserved in both cases. These were my first trips to the Court of Appeal since 2020, and one of the innovations since then, at least as far as I know, is that…
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Belsner postponed
I am afraid that due to the vicissitudes, of court listing, tomorrow’s Zoom seminar on the Belsner case has had to be postponed. It will now take place on 1st December 2022. https://www.kingschambers.com/latest-news/seminars-and-conferences/november-2022/costs-series-retainers-and-billing-after-belsner
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Belsner, billing and retainers
On 24th November 2022, the delicious Craig Ralph and I, will be delivering a Zoom seminar on the Belsner case, and the points to note from that case that will have significance going forward, for drafting retainers and billing practices in an era of Fixed Recoverable costs. As the blurb has it: Last month the…
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Escaping Fixed Costs
A recording of the seminar Paul Hughes and I, held earlier in the week.
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The ACL Conference 4th November 2022
Next Friday, the 4th November 2022 I am making the trip to London, to attend the ACL Conference at the Oval, and to deliver a talk, entitled “Escaping Fixed Costs”. If you are coming along, drop me a line, so that I will know to look out for you, as I am always pleased to…