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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The top 5 ways your solicitor rips you off
What do you think of the title to this post? Does it catch your attention? Admittedly it is not blessed with the same power and venom possessed by the phrase “Enemies of the People” but it both catches the attention and has power to shock. However the title was not devised by me. Rather it reflects the a…
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A bridge too far
The text of this article first appeared in the December 2016 issue of Litigation Funding. The recent decision of HH Judge Waksman QC in the Commercial Court in the case of Essar Oilfields Services Limited v Norscot Rig Management PVT Limited [2016] EWHC 2361 (Comm) repays careful reading, as it is the one of the…
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Seminars and lectures
Each year, I give a number of seminars to the profession. I speak at the Ropewalk Chambers Personal Injury conference in March of each year, dealing with matters particularly pertinent to my colleagues who practise in that field. I also speak from time to time to the ACL, usually in London. I also each year…
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ATE and professional negligence
Part of the work that I undertake in the field of costs involves professional negligence claims in respect of solicitors, whose disappointed former clients contend that they have incurred loss after receipt of negligent advice on costs issues. I have noticed recently an upsurge in claims against solicitors where the principal allegation is that they failed to incept…
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CFAs and the Cayman Islands
Many years ago, one of the more interesting cases that I dealt with concerned the recovery of success fees in costs litigation in the Cayman Islands. Having been instructed, I suggested a conference would be required, but before I had even begun to pack, my client announced that he would fly to Birmingham and come…
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A Question Time on Costs 10th November 2016
10th November 2016 5.00pm to 6.30pm Ropewalk Chambers, Nottingham Drinks and canapés to follow This will be a panel led discussion on topical issues including: Fixed costs, costs budgeting, assignment of CFAs, digital billing and solicitor/own client disputes. With a panel from Ropewalk Chambers’ Costs Team: Andrew Hogan, Andrew Lyons, Shilpa Shah, Jonathan Owen, Tom…
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Late acceptance of claimants’ part 36 offers II
The issue of late acceptance of a claimant’s part 36 offer in personal injury proceedings, by a defendant, and whether this in turn permits escape from the regime of fixed costs is continuing to attract interest, with the respective claimant and defendant interests, arguing the toss vigorously. In this post, which I note with angst,…
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The time of changes
I have always been a fan of autumn. The season of changes, it is pleasingly full of falling leaves, muddy boots, and crumpets with bramble jelly by the fire. In keeping with the autumnal zeitgeist last month I moved rooms in chambers, vacating the room that I have had for 18 years and moving to…