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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Costs chats continue
My friends at Practico, are continuing their series of Costs Chats. Last month saw Judith Ayling QC, take to the airwaves. A thoroughly nice woman and an utterly competent costs practitioner, you can watch what she had to discuss with Jeremy and Andy, here on the Practico Youtube channel: https://www.youtube.com/watch?v=RLR5nldihIE
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Non est ad astra mollis e terris via
One of my more harmless vices, is the collection of old law books. Included in my collection is Butterworths Costs in Civil Litigation and Non-Litigious Work by Messrs BP Treagus and HJC Rainbird, respectively Chief Clerk of the Supreme Court Taxing Office and First Class Clerk of the Supreme Court Taxing Office in the Royal…
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QOCS and the Man
The Jackson Reforms of 2013 brought tremendous savings to the insurance industry and other compensators. The price of the abolition of the Access to Justice Act scheme of recoverable success fees and ATE insurance premiums, and the introduction of fixed costs for the majority of personal injury claims, was the system of QOCS. Despite not…
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Jarndyce v Jarndyce
“Mr. Kenge,” said Allan, appearing enlightened all in a moment. “Excuse me, our time presses. Do I understand that the whole estate is found to have been absorbed in costs?” “Hem! I believe so,” returned Mr. Kenge. “Mr. Vholes, what do you say?” “I believe so,” said Mr. Vholes. “And that thus the suit lapses and…
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Funding insurance arbitration claims
At the beginning of this year, the Supreme Court gave judgment in the business interruption insurance litigation brought by the Financial Conduct Authority. The case was reported as the Financial Conduct Authority (Appellant) v Arch Insurance (UK) Ltd and others (Respondents) [2021] UKSC 1. It was a ground breaking piece of insurance litigation, where the…
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Zoom: the saga continues
My good friends Gordon Exall and Matthew Smith, will be presenting a Zoom seminar on costs, as part of the Kings Chambers continuing costs seminar programme, on 30th June 2021 at 4pm. It promises to be a scintillating and entertaining romp through all the things that can go wrong when undertaking assessment proceedings. I urge…
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Omnes vulnerant, ultima necat
For many years I have thought that Liverpool could aptly be described as the engine room of the common law. Now it would appear that Sheffield is earning its own reputation as the crucible in which the law of solicitor-own client costs disputes is being cast. On Friday judgment was handed down in the case…
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Born to run
The highway’s jammed with broken heroes on a last-chance power driveEverybody’s out on the run tonight, but there’s no place left to hide. -Bruce Springsteen As the summer holidays are fast approaching, I am carefully adding to the stack of books I wish to read whilst I am away. This week I have placed on…