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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Debt collection and damages based agreements
We live in exciting times. From 1st October 2015, the SRA will gracefully relinquish its role in regulation firms which act in the debt collection market, and pass the baton onto the Financial Conduct Authority (FCA). “Debt collection” is now a portfolio term, which covers many activities only tangentially related to sweating cash out of…
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Are fixed costs optional on the Fast Track?
I have very fond memories of part 45: right from the start of the introduction of fixed recoverable costs, it has proved a bone of contention and a fruitful source of satellite litigation. I am therefore unsurprised to note that the modern post 2013 incarnation is continuing to create problems. The principal problem at the…
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Costs budgeting and evidence based policy
Earlier this month, two significant lectures were given on the topic of costs budgeting by Jackson LJ and Dyson MR, with the title “Confronting Costs Management”. The text of those lectures can be found here: Confronting Costs Management by Lord Justice Jackson and here Confronting Costs Management by Lord Dyson. Although Jackson LJ in particular was careful…
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Assignment of conditional fee agreements
One of the issues that is currently under the spotlight, is whether a conditional fee agreement can effectively be assigned between solicitors firms. This issue might arise, in the context of a firm selling its work, becoming insolvent, and the work being sold off by a liquidator to another firm, or more mundanely a solicitor…
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Evolution and revolution in litigation funding
Yesterday, I delivered my paper on litigation funding to the ACL conference in London. A really enjoyable day, with much food for thought, and some excellent speakers. Many thanks to the ACL for inviting me, and their generous hospitality. A copy of the paper can be downloaded here: Litigation Funding paper
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Access to justice for disabled people
At this time of year, all the political parties are promising the earth and a pound besides, for our votes. I have read with interest the various manifestoes and announcements on what they will do (or not) for the justice system, if elected. None of them are offering much for disabled people seeking to obtain access…
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Setting aside default judgments and costs certificates
For many years, the principles on which a judgment or default costs certificate would be set aside, were relatively straightforward. If a judgment or costs certificate was regular, in that it had been obtained in compliance with the rules, and due to the fault or omission of the defendant or paying party, the court would…
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Proportionality and provisional assessment
Reading Points of Dispute, particularly those which are submitted for a provisional assessment, I am struck by how frequently, I see “General Point One” pitched as a challenge to the Bill of Costs on the grounds of proportionality. Sometimes the body of the point of dispute, goes on to witter about a test of necessity.…