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 budgeting and management
A copy of the paper I delivered yesterday at the Law Society’s Commercial Litigation Conference is available here: 2019 09 29 costs budgeting a presentation for the law society.
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Commercial Litigation Conference at the Law Society 15th October 2019
On Tuesday 15th October I shall be attending the Law Society Commercial Litigation Conference in Chancery Lane. Full details of which can be found here: https://events.lawsociety.org.uk/ClientApps/Silverbear.Web.EDMS/public/default.aspx?tabId=37&id=2434&orgId=1&guid=7626bacf-1296-44a1-b173-080409712b63 I shall be speaking on the issue of costs budgeting and costs management. If you are attending too, do come up and say hello. Its always nice to meet…
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The 95% rule
One of the mysteries of legal practice is the absence of effective part 36 offers on trials which take place on liability issues, particularly in the context of low value personal injury claims. Ever since the decision in Huck v Robson[2002] EWCA Civ 398 an offer by a claimant to accept 95% of their claim…
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Costs 2019 in Manchester on 4th December 4.00pm
THIS EVENT IS NOW FULL. PLEASE EMAIL IF YOU WISH TO BE PLACED ON THE RESERVE LIST. An invitation to actual or prospective clients of chambers. Please note that places are limited, and available to solicitors, costs lawyers and drafts people and other professional clients. Ropewalk Chambers cordially invites you to a review of the…
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Significant developments
Later this month I am delivering a paper at the Law Society in Chancery Lane on costs budgeting and costs management. Accordingly I have been looking at and thinking about the criteria which apply to applications to vary a costs budget/costs management order made in the course of litigation. There have been surprisingly few cases…
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Costs conferences
I had an enjoyable day at the Costs Law Reports Conference yesterday, kindly hosted by Eversheds in London. The event always marks for me, both the start of autumn as I usually exhume my overcoat that week, and also the start of the conference season. In the coming months, I shall be delivering papers at…
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Flight delay claims and the European Small Claims Procedure
One of the areas of law that I have had an interest in for a number of years is flight delay claims. A few years ago, I found myself having to make such a claim against British Airways, when their computer system, running presumably on souped up ZX Spectrums crashed spectacularly leaving me and my…
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Fixing problems
In March 2019 the government published its latest proposals for a wider introduction of fixed costs and the consultation closed on 6th June 2019. If one were to assume that the proposals set out in the government’s paper will largely come to pass, what will the fixed costs regime look like in 2020/2021? The paper’s…