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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Digital dreams
When I undertake a heavy detailed assessment (a working definition of which is more than 2 days or more than 2 boxes of documents to read) there are three indispensable things I require in order to function efficiently. The first is good coffee. The second is a bacon sandwich. The third is “Old Faithful”. Here…
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Costs budgeting at the ACL 13th May 2016
Many thanks to the ACL, who were kind enough to invite me to speak at their London conference on Friday. Although due to family commitments, I had to leave after lunch time and missed the dinner on Friday evening, I thoroughly enjoyed my trip. A copy of the paper that I prepared can be found…
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Jones v Spire Healthcare Limited: the judgment
At 10.30am today, HH Judge Wood QC handed down the judgment on the appeal and cross appeal in the case of Jones v Spire Healthcare Limited. A copy of the judgment can be found here: Jones v Spire Healthcare Limited Judgment of HH Judge Wood QC
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Assignment: will it ever end?
At 10.30 am tomorrow, 11th May 2016, in the County Court at Liverpool, His Honour Judge Wood QC will hand down judgment in the appeal and cross appeal in the case of Jones v Spire Healthcare Limited.
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Principals, agents and Conditional Fee Agreements
As is well known, one of the effects of LASPO 2012 and the removal of recoverable success fees and ATE premiums has been to cause firms to leave the personal injury market, or more sadly, to cause many well known and well regarded firms, to enter into insolvency procedures. When their work in progress is sold…
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Challenging costs awards in international arbitrations
Arbitrations in the international context, can be an expensive business. Arbitrators frequently can and do, make awards of costs, on a broad brush basis, and then go onto award compound interest on those costs, adding further expense to the losing party’s bill. The assessment of costs can take place in the SCCO, but there is…
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Costs budgeting at the ACL 13th May 2016
I have now clawed my way back to Nottingham, after a very pleasant but tiring trip to Manchester, for A Question Time on Costs and some other errands. Many thanks to all of you who attended on Thursday, it was very pleasant to be able to put a face to people who have been I talking…
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A Question Time on Costs approaches
On 28th April 2016 at 4.30 pm, the Question Time on Costs, will take place at the Lowry in Manchester. So far 150 solicitors, costs lawyers and draftsmen have signed up to attend, and have taken the opportunity to submit some percipient, probing, or insightful questions, which I hope will trouble the panel, and be…