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
-
![Belsner v Cam Legal Services [2022] EWCA Civ 1387 and Karatysz v SGI Legal LLP [2022] EWCA Civ 1388 considered](https://i0.wp.com/costsbarrister.co.uk/wp-content/uploads/2022/10/2022.jpg?resize=266%2C189&ssl=1)
Belsner v Cam Legal Services [2022] EWCA Civ 1387 and Karatysz v SGI Legal LLP [2022] EWCA Civ 1388 considered
This morning the Court of Appeal handed down judgments in two cases which are of considerable significance for the law and practice of solicitor-own client costs disputes, brought under section 70 of the Solicitors Act 1974. These are the cases of Belsner v Cam Legal Services [2022] EWCA Civ 1387 and Karatysz v SGI Legal…
-
Judgment Day
This morning the Court of Appeal handed down judgment in two cases of great significance for solicitor-client disputes. They are Cam Legal Services Ltd v Belsner and SGI Legal LLP v Karatysz. A copy of the judgment can be found here: Belsner.APPROVEDJUDGMENTSFINAL and here: Karatysz.APPROVEDJUDGMENTSFINAL A copy of the summary can be found here: Belsner.Karatysz.JUDGMENTS SUMMRY I…
-
The end of the line?
At 10.30am tomorrow the Court of Appeal will hand down judgment remotely in the cases of Cam Legal Services Ltd v Belsner and SGI Legal LLP v Karatysz. The hearings in these appeals only concluded this month, the Master of the Rolls’ reputation for speed in delivering reserved judgments, seems well deserved. As these judgments…
-
Over a barrel
Where were the traces of her early cares, her sufferings, and fatigues? All gone. Sorrow was dead indeed in her, but peace and perfect happiness were born; imaged in her tranquil beauty and profound repose. And still her former self lay there, unaltered in this change. Yes. The old fireside had smiled upon that same…
-
Can we fix it?
Dear oh dear, as one might say. Its been another long week. Judgment was handed down recently in an interesting case on fixed costs I had some involvement in, courtesy of instructions from Daniel Wilkinson at Horwich Farrelly. A copy of the judgment is here: McGreevy.docx2022 EWHC 2561 (SCCO) There are a number of points…
-
Escaping fixed costs
On 2nd November 2022 at 4pm, the living legend that is Paul Hughes and I, will be giving a Zoom seminar with the snappy title of “Escaping fixed costs”. A topical subject, given the impending reforms. It may be, that you do indeed need to go to Mexico, to escape them, but we shall see.…
-
Save the Children
We did it! At dawn today, Sunny and I left the house, and completed the long delayed sponsored walk to Save the Children. Originally due to take place in July, it was postponed by reason of the intense heat, and then further delayed by my recovery from illness. Many thanks to all those who sponsored…
-
The deadliest sin
The concept of the Seven Deadly Sins in Roman Catholic theology is very old: it can be traced back to Pope Gregory the Great in the sixth century, through to the elaboration of the doctrine by St Thomas Aquinas in the thirteenth century. In case you are picking them off on a bingo card, they…