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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NIHL and success fees
On 13th March 2015 at 4pm, Mr Justice Phillips handed down judgment in the cases of Dalton and Others.v.British Telecommunications plc [2015] EWHC 616 (QB). The judgment deals with the issue of whether NIHL is an injury or a disease for the purposes of the former part 45 of the Civil Procedure Rules. A victory…
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Ropewalk Chambers PI Conference
A very enjoyable conference day at the Nottingham Conference Centre on Friday, where I spoke on a number of topics concerning costs. At 250 attendees, the largest and most successful conference so far. A copy of my notes can be found here Costs 2015 Emerging Law and Practice .
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The all new Part 36
On 6th April 2015, the new rules on part 36 will come into force. I have prepared an annotated guide and that can be downloaded here Part 36 An Annotated Guide. Next week on Friday 6th March I shall be speaking at the Ropewalk Chambers PI Conference and I am pleased to note that there…
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Replacing provisional assessment
Is there an alternative to provisional assessment? The purpose of this post is to set out an alternative to the current system of provisional assessment of Bills of Costs, by means of the provision of a legally binding process of arbitration offered by myself. The principal benefit would be a better service than that offered by the…
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Recovering the cost of litigation funding in international arbitrations
International arbitrations are substantial cases which involve substantial claims. A team of leading counsel, junior counsel and suitable experts does not come cheap and even if solicitors can be found to act on a contingency basis, disbursements are likely to have to be funded by the client. It is at this point that litigation funding…
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Costs awards in international arbitrations
What is a more cost effective way of litigating an international trade dispute? Court proceedings in the Commercial or Admiralty Court? Or an arbitration often taking place in London, perhaps with English law as the substantive law and before an English arbitrator? Leaving aside the fact that the question on one analysis, might beg the…
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Costs, unreasonableness and the RTA Protocol
Sometimes cases fall out of the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents, as they are withdrawn by claimants solicitors who contend that the insurers are raising complex issues of law and fact. From what I have seen, these issues typically arise in the context of a claim for credit hire,…
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Conditional Fee Agreements and capital
A key problem in obtaining effective justice in litigation is the inequality of arms which will often exist between a well funded defendant and an impecunious claimant. Or to put it another way, the imbalance of capital between two parties which enables the richer party to buy better lawyers, better experts and generally turn its financial…