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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A Question Time on Costs 28th June 2017 Manchester
On 28th June 2017 I shall be chairing A Question Time on Costs at the Bridgewater Hall in Manchester. Booking details can be found here: http://ropewalk.co.uk/knowledge-sharing/events2 The event is free to attend and there will be generous hospitality. I hope to see some of you there.
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Fixing problems
After the Brexit result, seasoned observers noted that one of the consequences of the referendum, was that the Ministry of Justice would be tied up for twenty years, unpicking the country’s legal relationship with the European Union, and would have no time to pursue involved schemes for fixed costs in consequence. In fact the converse…
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The Seven Pillars of Wisdom
One of the emerging jurisdictions for lawyers from England and Wales which seems to generate an increasing amount of work is the Middle East and in particular the Dubai International Financial Centre. As noted on its own website the DIFC was set up in accordance with the following vision: The Dubai International Financial Centre (“DIFC”) was…
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Costs 2017
A copy of the paper I delivered at the Ropewalk Chambers Personal Injury Conference earlier this month can now be downloaded here: Costs 2017.
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A Conversation on Costs: The Summer Tour
Each year I undertake a number of seminars entitled A Conversation on Costs, usually at the offices of solicitors who instruct me, or would like to instruct me. It is a chance, in an informal question and answer session to discuss some of the burning issues of the day in costs and litigation funding. There are…
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Through the Looking Glass
‘When I use a word,’ Humpty Dumpty said, in rather a scornful tone, ‘it means just what I choose it to mean — neither more nor less.’ ‘The question is,’ said Alice, ‘whether you can make words mean so many different things.’ -Through the Looking Glass As a society, we engage from time to time…
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Costs 2017
The Ropewalk Chambers Personal Injury Conference on the 3rd March at which I am delivering a paper is now fully booked. The paper will be available on here, later on Friday.
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The bleeding obvious
Basil: Can’t we get you on Mastermind, Sybil? Next contestant Sybil Fawlty from Torquay, special subject the bleeding obvious. -Fawlty Towers The recent decision of Mrs Justice Carr in the case of Merrix v Heart of England NHS Foundation Trust [2017] EWHC 346 QB is perhaps unsurprising in its result, but has predictably caused a fluttering on…