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
-
The Civil Justice Council and the Jackson Working Party
This post was originally published as an article in January 2012. The Civil Justice Council has set up what it describes as an expert working party to help develop practical proposals to assist with the implementation of secondary legislation such as regulations or court rules in a number of areas, qualified one way cost shifting,…
-
ATE Premiums and the Pre-action Protocol for Low Value Claims in RTAs
This post is a newsletter published in August 2011. A sequel dealing with the Liverpool ATE Test cases (May 2012) and whether the decision of District Judge Smedley was correct or not, may follow in due course. Cases are starting to reach the assessment process on the single point, as to what ATE premiums incurred…
-
Alternative Business Structures
This post is a newsletter which was published in August 2011. On 6th October 2011, utilising the provisions of the Legal Services Act 2007 permitting the establishment of Alternative Business Structures, the Solicitors Regulation Authority will start licensing solicitor’s practices operating as an Alternative Business Structure, rather than a traditional law firm. The effect of…
-
Clients who don’t pay their bills
The post below was originally published in June 2011 in the Costs E-journal of Ropewalk Chambers Costs team. Litigation should run smoothly. A lay client will be properly advised. Substantial work will be undertaken on the lay client’s instructions. A case will be hard fought. And it will be won. But, by definition, 50% of…
-
BTE insurance and hourly rates
The post below was published as a newsletter in November 2011. Please note that the case of Brown-Quinn is due to be heard by the Court of Appeal on 21st-22nd November 2012 and may yet reverse the decision in the Commercial Court. The controversies surrounding the provision of an indemnity to an insured by a…
-
Hourly rates
This post is derived from a paper that was first presented to the Association of Law Costs Draftsmen at their Annual Conference on 19th March 2010. On the 14th January 2010 Lord Justice Jackson published his final report, his review of civil litigation costs. The purpose of the report was to establish the causes of…
-
Costs
Welcome to my new costs blog. The concept is very simple. From time to time, I shall update this blog, placing on it longer articles, which I hope will be of general interest, on a variety of topics which might be of use, to those who practice in costs. I shall also re-publish the articles I have published in…