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 stench of hypocrisy
Recently in my household, I have had to declare a state of emergency, suspend the normal democratic procedures, and issue an executive order, banning my children from the use of technology in their bedrooms. The pernicious blue glow of tablets and phones, has been banished from what should be calm and peaceful surroundings for rest.…
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The shadow of Cassandra
Last year, I wrote a post on the fixed costs regime and how in my opinion as far as claimants were concerned, they were an optional choice on the Fast Track. The original blog post is here: http://costsbarrister.co.uk/uncategorized/are-fixed-costs-optional-on-the-fast-track. This week, I was proved right in the decision handed down by the Court of Appeal in…
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Assignment: the story continues
The resumed hearing of the appeal in Jones v Spire Health Care will now take place on 19th April 2016 before HH Judge Wood QC in the County Court at Liverpool.
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Credit hire companies and non party costs Orders
I have been asked on many occasions by insurance companies and their instructed solicitors how one “gets round” QUOCS. The answer for the most part, is “you can’t.” QUOCS represents part of the post LASPO 2012 settlement in personal injury and clinical negligence claims, where as part of the package which included the abolition of…
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Assignment of CFAs: are your retainers bullet proof?
A steady flow of assignment points continue to arise and to cross my desk on a weekly basis. Solicitors who have purchased cases from administrators, merged firms with another firm, changed their employment, reconstituted from an unlimited liability partnership to an LLP, all seem to have elected upon assignment as the tool of choice for transferring…
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Third party costs assessments reconsidered
Third party costs assessments are rare beasts. The context in which they commonly arise is in the context of challenging a solicitor’s costs for administering an estate, when disappointed beneficiaries find that the residuary pot from which their legacies have been drawn, has been depleted rather more than they had hoped. The starting point is…
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Assignment: the plot thickens
An interesting decision on the issue of assignment of CFAs was handed down this week by District Judge Besford sitting in the County Court at Hull. A copy of the judgment can be found here: Budana v Leeds Teaching Hospitals NHS Trust 3KH000905 The appeal in Jones v Spire Healthcare has also been adjourned and is…
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Facts and figures
The new edition of Litigation Funding comes out this week and I am pleased to note that my most recent article is inside. Facts and Figures can be downloaded here: Facts and Figures The article is about risk: a subject I feel is particularly pertinent at the current time, given the slow crucifixion a number…