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
-
Assignment: the saga continues
Argument has now been concluded on all issues including the Claimant’s appeal and the Defendant’s cross appeal in the case of Jones v Spire Healthcare today in the County Court at Liverpool. HH Judge Wood QC, has indicated his intention to hand down a written judgment on both appeals in the next few weeks.
-
Assignment: the next chapter
On Tuesday 19th April 2016 His Honour Judge Wood QC sitting in the County Court at Liverpool, will continue to hear the arguments on the assignment of CFAs in the case of Jones.v.Spire Healthcare. The hearing of the Claimant’s appeal having already concluded, the Defendant’s cross appeal will commence at 10.30am.
-
Spanish Caravan
The Easter holidays are over: I have returned from an all too brief holiday in Andalucía, to the usual pile of paper, and about 100,000 emails, most of which can be mercifully deleted on the premise, that if the enquiry is still current, or important, the sender will be in contact again. Already the Easter…
-
A Question Time on Costs 28th April 2016
On 28th April 2016 I am coming to Manchester with some of my colleagues, to undertake a “question time on costs” at the Lowry from 4.30pm to 6.30pm. 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 followed by wine and…
-
Tinkering under the bonnet
We are now approaching the third anniversary of the implementation of LASPO 2012 on 1st April 2013. Over the course of the next 12 months, I am contemplating a decline in the volume of pre-LASPO cases, with their recoverable success fees and ATE premiums. That such cases will continue, albeit in decreasing numbers beyond 12…
-
The tightening of the screw
Yesterday the Court of Appeal handed down judgment in a case I successfully argued for the appellant on appeal, representing the latest chapter in the Mitchell/Denton saga. The judgment in Gentry v Miller and UK Insurance [2016] EWCA Civ 141 contains an interesting discussion by the Court of Appeal on the correct approach to applications to set aside judgments…
-
Assignment: the tide continues to flow
I am grateful to Marcus Davies and William Mackenzie of DWF who have brought to my attention a further case on the assignment of conditional fee agreements their firm was involved in. This time, the decision was in the SCCO and the judgment of Master Rowley has been recently handed down. A copy of their article on the…
-
The Ropewalk Chambers Personal Injury Conference
The Ropewalk Chambers Personal Injury Conference has just concluded. It was a pleasure to meet so many of you, some for the first time, including particularly the gentleman who came all the way from Dublin and made such a generous donation to our charitable cause. The paper that I delivered can be found here: Costs…