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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Re-inventing the wheel
This week I have two cases which will involve application and consideration of the effect of Ho v Adelekun [2021] UKSC 43, the recent and controversial decision of the Supreme Court on Qualified One Way Costs Shifting in personal injury claims. There will be many others, as various aspects of the decision are worked out…
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Ho ho ho!
This morning the Supreme Court handed down as an early Christmas present to claimants and their lawyers everywhere, judgment in the case of Ho v Adelekun [2021] UKSC 43. This is an astonishing decision. It will have profound effects for the balance of risks in personal injury litigation and coupled with the decision of the…
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Court fee conumdrums
My labrador and I have a settled routine. In the spring and summer months, we take our walks in the riverlands of the Trent Valley: fields, water meadows, leafy copses and little rivers. In the autumn and winter months, when the cold winds start to blow, and the riverbank becomes wet and muddy, we move…
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Costs Chats by Zoom
My friends at Practico have placed on their Youtube channel, another of their excellent costs chats. This time, Dominic Regan takes the chair. A well known and engaging speaker on the conference circuit, Dominic kindly shares some of his wisdom and sparkling repartee on current costs controversies by Zoom. Link here:
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The Remains of the Day
“What is the point of worrying oneself too much about what one could or could not have done to control the course one’s life took? Surely it is enough that the likes of you and I at least try to make our small contribution count for something true and worthy. And if some of us…
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Commercial Litigation Conference 2021
September is the conference season. I have four to attend this month, assuming that I can still squeeze into my suits. On 29th September 2021, I shall be speaking on Part 36 issues at the Law Society Commercial Litigation Conference, which this year is an online event. If you’d like to “attend”, then more details…
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Heroes and villains
I’ve been in this town so long that back in the cityI’ve been taken for lost and goneAnd unknown for a long long time Fell in love years agoWith an innocent girlFrom the Spanish and Indian homeHome of the heroes and villains -The Beach Boys Summer’s lease has a very short term. Now that September…
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Don’t be evil
Data breach litigation is on the rise. Earlier this year the Supreme Court heard arguments in the case of Richard Lloyd v Google LLC and at the time of writing this article, the handing down of the judgment is awaited. That case raises important issues including the concept of what is or can be “damage”…