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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Conduct, fixed costs and part 44 CPR
There is an established cottage industry in respect of costs arguments which arise from the operation of various Protocols applicable to low value personal injury claims and those claims which are withdrawn from the Portal, or perhaps are never submitted and what costs may be recoverable, should substantive proceedings follow. Very few cases however go…
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The last days of the republic
We live in strange days. This week the political class commenced tearing itself apart with renewed fervour over the on going Brexit debacle. The sense of the moment, is that the noose the government has woven for itself, may have been long and slow in the drawing, but is now proving tight and hard in…
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Setting up a claims management company
One of the more niche areas of my practice, but which is one of the most interesting is the regulatory work that I undertake, advising claims management companies (CMCs) on various aspects of their businesses, and solicitors on how they can transact with CMCs within the law, without for example infringing the partial ban on referral fees…
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QOCS continued
The decision of the Court of Appeal in Cartwright v Venduct Engineering Limited [2018] EWCA Civ 1654 has been widely reported. The case has already been the subject of considerable comment by the legal press and other commentators: a sample of which can be found below: https://www.bevanbrittan.com/insights/articles/2018/cartwright-v-venduct-engineering-limited/ https://plexuslaw.co.uk/cartwright-v-venduct-engineering-limited-2018-civ-1654/ https://www.bc-legal.co.uk/bcdn/609-239-qocs-protected-claimant-damages-at-risk-in-frivolous-pi-claim-cartwright-v-venduct-engineering-limited-2018-ewca-civ-1654 https://www.dacbeachcroft.com/en/gb/articles/2018/july/court-of-appeal-clarifies-recovery-of-costs-as-exception-to-qocs/ https://www.blmlaw.com/news/setting-the-8216-cartwright-exception-8217- I think the case and…
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The ACL Conference 23rd November 2018
I have just put the finishing touches to my paper and Powerpoint presentation for the ACL Conference on 23rd November 2018, which is taking place in London here: http://www.associationofcostslawyers.co.uk/Conferences-Seminars-and-Events/ACL-Annual-Costs-Conference—London-2018/61025 This year I shall be speaking on the subject of fixed costs, including consideration of the Jackson proposals, the Civil Justice Council Working Party on fixed…
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Chambers and Partners and the Legal 500
I am pleased to note that I have been awarded ratings again in the new editions of Chambers and Partners and the Legal 500. Chambers and Partners awarding me Band 2 status says: Andrew Hogan (Ropewalk Chambers) Represents paying and receiving parties in the County Court, High Court, Court of Appeal and Supreme Court. Recently, he has…
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The piggy bank
One of the key distinctions between the way that barristers and solicitors practise, remains the fact that barristers may not handle client money, whereas solicitors do on a daily basis. This in turn means that the solicitors are required to maintain separate client accounts, to hold money that does not, in fact belong to them, to purchase expensive professional…
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Always getting better
One of the cases due to be heard in the Court of Appeal next year, which is worth keeping an eye on is the appeal from the decision in Bott & Co v Ryanair DAC [2018] EWHC 534 (Ch). In this case a restrictive approach was taken to the solicitor’s equitable lien, which rests uneasily…