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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Broken justice
The original text of this article appeared in the August 2016 edition of Litigation Funding. At the time of writing, the citizens of this country are still watching with a mixture of glee, horror and apathy as the results of the Brexit referendum unfold, with the resignation of the Prime Minister, the implosion of the…
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Fraud, findings and a fair trial
One of the pleasures of being a common law barrister is the wide field of law that I practice in. Although the focus of this blog is, and always will be, on costs and litigation funding, I enjoy undertaking cases in other disparate fields having worked for many years in personal injury, credit hire and road…
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The Battle of the Bastards
Its been an interesting 3 weeks. In tandem, with the mass political suicide of the governing class, I have been watching season 6 of Game of Thrones with back to back episodes, and noting the curious parallels, between the rising political body count at Westminster and the emptying ranks of the noble Houses of Westeros…
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Game of Thrones
It is at times like this, I would cheerfully vote for Tyrion Lannister to become the next Prime Minister. Possibly even Ramsay Bolton: at least there’s a politician who knows how to get things done. Like most of you I went to bed on Thursday (actually the early hours of Friday morning) reasonably confident that…
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Rule Britannia
The text of this article first appeared in the June 2016 issue of Litigation Funding. At the time of writing, the referendum on whether this country should remain in the European Union or not, is some 6 weeks away. Every day, the respective camps for leaving or remaining, tempt the uncommitted voter with the prospect…
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Malkinson v Trim and the sole practitioner
From time to time, solicitors pause from fighting like lions on behalf of their clients and need to go into battle on their own account, either pursuing a debt collection against their former clients who have had the ill grace not to pay their bills, or in some other context. In such cases, an issue…
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Bad bargains
In recent years there has been a growing tendency to consolidation in the personal injury marketplace, with many firms and their caseloads being acquired in whole or in part by other firms. The contexts in which this process has been occurring are legion. Firms may have decided to cease doing personal injury work because of the…
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Jones v Spire Healthcare: the end?
The case of Jones v Spire Healthcare is not to proceed to the Court of Appeal.