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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Costs lecture 4th March 2016
On Friday 4th March 2016 in Nottingham, I shall be presenting my paper “Costs 2016” with a colleague at the Ropewalk Chambers Personal Injury Conference. I shall be speaking on issues including the assignment of CFAs, digital billing and J codes, and fixed costs amongst other matters. There is no charge to attend, but places…
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The time has come
This week, ended with a flourish with a speech by Jackson LJ (delivered it seems with the concurrence of the Master of the Rolls) on the subject of fixed fees. The text of the speech can be read here: Fixed Costs The Time has Come. Already the internet has exploded with alarm, satisfyingly in tandem…
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Non party costs orders revisited
An area of costs practice which is becoming increasingly overloaded with authority is the jurisprudence governing applications for non party costs Orders. Such applications arise in a number of contexts: they may be made against directors of insolvent companies which are unable to pay costs awards against them, against funders of litigation, who may have…
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Costs and the rule of law
The working year has begun. On the horizon are more reforms to the law and practice of costs, including the move to digital bills and J codes, the tortuous marrying up of costs budgets and bills, the introduction of fixed costs for NIHL claims and clinical negligence claims, the rise in the Small Claims Track…
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Part 36, construction and the doctrine of mistake
For many reasons, the tool of choice to use for the compromise of disputes, either litigated or at the pre-litigation stage is the part 36 offer. But sometimes, the party making the offer may be at cross purposes, with the party seeking to accept the offer, and the two may believe that a dispute has…
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Jones v Spire Healthcare Limited update
The appeal hearing commenced before HH Judge Wood QC in the County Court at Liverpool. After a full day’s argument, the case has now been adjourned part heard to 22nd March 2016 when further argument will take place.
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Passing the baton
This month saw the publication of the 100th issue of Litigation Funding, the magazine which received immortality for the utility of its comparative ATE tables in the Costs Wars. I am pleased to note that at page 10 in the December 2015 issue, is my most recent article on the assignment of conditional fee agreements. A copy…
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Rule 2 letters and unintended consequences
A recent decision of District Judge Hale sitting in the County Court at Nottingham in the case of Arfan.v.S & A Foods Limited, as a Regional Costs Judge (20th October 2015) is an interesting example of the unintended (but expensive) consequences of loosely drafted rule 2 letters. The case initially proceeded to a detailed assessment…