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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Closing the window
At the tail end of the last legal term, the Supreme Court handed down judgment in the case of Hirachand v Hirachand and Another [2024] UKSC 43, a decision which should be of interest to an audience far larger than those lawyers who practise in the field of claims under the Inheritance (Provision for Family…
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Costs in Planning Appeals
On Tuesday at 4pm, I am delivering a Zoom seminar on Costs in Planning Appeals. I shall be considering what happens after an award of costs is made by a Planning Inspector: how the claim for costs is formulated, how it is assessed and how it is determined how much the paying party must pay.…
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Lions under the throne
Not all judges, use an axe when assessing costs. Some judges prefer to use a metaphorical baseball bat, perhaps even a well swung sock, full of wet sand when looking at a solicitors bill. One of the issues that has been bubbling away since the introduction of the LASPO 2012 reforms in April 2013, and…
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This England
Each morning, I look out of my window, and see the landscape of England, my England, and feel glad. I am glad to know this land is a sovereign country once again, freed from the yoke of European vassalage by the gallant efforts of Mr Johnson, and Mr Farage, who broke our European chains, and…
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A review of litigation funding in England and Wales
Reports, like omnibuses in Clapham, tend to travel in threes, and there were three significant reports last year on the topic of litigation funding. The second of the reports that I am looking at, is the doorstopper that is called A review of litigation funding in England and Wales A legal literature and empirical study…
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Reading between the lines
The first series of articles I am going to write this year, is on the topic of litigation funding. Recently there have been a number of significant reports on this topic. Reports, like omnibuses in Clapham seem to come in threes. Last autumn saw the publication of three major reports on litigation funding, but the…
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Dice Men
Welcome to 2025. I hope you had a good Christmas and are set fair for the New Year. One of my Christmas presents, was the fascinating book “Dice Men”. It is the story of the foundation and early years of Games Workshop, now one of Nottinghamshire’s most famous companies. There is a huge amount of…
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Die Hard 2
Christmas is coming. What would you like for Christmas? Perhaps a shiny new retainer, in your stocking? In which case, please enjoy below, the seminar I undertook last month with Matthew Smith.