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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Jones v Spire Healthcare Limited: the appeal and cross appeal
The Claimant’s appeal and the Defendant’s cross appeal from the decision of District Judge Jenkinson in this case concerning the assignment of a conditional fee agreement will be heard by HH Judge Wood QC, sitting in the County Court at Liverpool on 16th December 2015.
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Assignment of CFAs: will “back up” CFAs work?
Assignment of conditional fee agreements is a topic which has come to life in recent months, with an increased interest in the applicability, scope or correctness in law of the old High Court case of Jenkins.v.Young Brothers Transport. However although issues may start with the question as to whether a conditional fee agreement is capable of assignment…
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Success fees BTE and best costs advice
The recent decision of District Judge Lumb in the case of A & M.v.Royal Mail Group in which in the context of an infant settlement approval hearing, he refused to approve the deduction of ATE premiums and 100% success fees has thrown into the spotlight the practice of charging success fees to clients, which are…
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Being nice
Alternative Dispute Resolution (ADR) is an alternative to litigation. Seen twenty years ago, as touchy-feely nonsense, “being nice” to the “being nasty” of litigation, the last twenty years have seen it increase dramatically in importance. ADR is now very much in vogue, as an alternative to using the crumbling civil courts with their extortionate fees. But the impetus…
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Assignment of CFAs: Jones v Spire Healthcare Limited
The handed down judgment in this case is now available to download here: Jones v Spire Healthcare Limited
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Assignment of CFAs and novation: Jones v Spire Healthcare Limited
On 25th September 2015, the Regional Costs Judge in the County Court at Liverpool handed down a reserved judgment in an interesting case dealing with the assignment of conditional fee agreements. He found that conditional fee agreements cannot be assigned, outside of the exceptional circumstances identified in Jenkins v Young Brothers Transport and that a…
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The glittering prizes
Each year I attend a number of conferences in the fields of law that interest me: costs most obviously, but also personal injury litigation and planning and environmental law. I have just returned from two days spent at New College Oxford, attending the 43rd Joint Planning Law Conference. It is always fun to visit Oxford,…
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The midnight hours and Costs Barrister 2.0
The last three weeks have been as busy as any in my career, including arguing test cases on part 45, the recoverability of VAT by medical agencies and whether a CFA is capable of assignment and consequential wanderings across the country from Croydon to Liverpool via London, Sheffield and Manchester. Hence the redevelopment of www.costsbarrister.co.uk has…