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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Waiting for Godot
The tears of the world are a constant quantity. For each one who begins to weep somewhere else another stops. The same is true of the laugh.― Samuel Beckett, Waiting for Godot Last year, a review of hourly rates in civil cases was promised under the auspices of the Civil Justice Council. Seasoned observers of costs matters…
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The Silk Road
Vizzini: You fell victim to one of the classic blunders — the most famous of which is, “Never start a land war in Asia”. -William Goldman, The Princess Bride The Silk Roads were the principal arteries of trade which connected Asia to Europe through the centre of the world, in the centuries before the primacy…
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The Fall of the Republic
Do not speak of your happiness to one less fortunate than yourself.― Plutarch, The Fall of the Roman Republic Further reform has long been promised of the prosecution of low value personal injury claims, although its implementation has been delayed by the various electoral tangles the Conservative party has got itself into, in recent years. The tranche…
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Barrister of the Year 2020
Completely out of the blue, and a very pleasant surprise for the end of the year, I found that I had been nominated for, and won, the award of Barrister of the Year 2020, presented by the Nottinghamshire Law Society last night. I am grateful to my former chambers, my former heads of chambers and…
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Stirring the pot
2 tbsp olive oil, 1 onion (chopped), 2 garlic cloves (crushed), 700g potatoes (peeled and diced), 4 carrots (thickly sliced), 2 parsnips (thickly sliced), 2tbsp curry powder, 1.5 litres vegetable stock, 100g red lentils, fresh coriander, sour cream and naan bread to serve. -Spicy Root and Lentil Casserole A recent inflation busting decision on hourly…
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The Great Democracies
I hope to have God on my side, but I must have Kentucky. -Abraham Lincoln I have been watching the American presidential election with interest for the last few weeks, and the serial car crashes experienced by Mr Trump’s legal team, in various American courts litigating his attempts to alter the balance of votes cast.…
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L’homme qui plantait des arbres
On 27th May 2019 the County Court (Interest on Judgment Debts)(Amendment) Order 2019 came into force in order to remedy the problem noted by the Court of Appeal in Simcoe v Jacuzzi UK Plc Group [2012] EWCA Civ 137: namely that rule 40.8 CPR was arguably ultra vires and ineffective in the County Court. As…
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Appointment in Samarra
Pale Death beats equally at the poor man’s gate and at the palaces of kings. -Horace Death is a reality and part of life. But for some it comes suddenly and in distressing circumstances. When a sudden death occurs, the coroner may determine to hold an inquest. The coroner’s jurisdiction is an ancient one. Established…