Conditional fee agreements, retainers and capacity

A problem that arises from time to time, in the context of personal injury litigation, is that…

Part 36 and detailed assessment proceedings

This paper was first delivered at the ACL conference on 10th May 2013. Introduction 1.         One…

NIHL and HAVS: Not diseases after all ?

Is it possible to argue, that for the purposes of part 45 of the Civil Procedure…

Avoiding Qualified One Way Costs Shifting: costs against solicitors

In many ways, the Jackson reforms, represent a return to the halcyon days of the 1990s,…

No-win-no-fee: Enforceable retainers after 1st April 2013

The Legal Aid, Sentencing and Punishment of Offenders Act 2012 which amends theCourts and Legal Services…

Jackson and the Walrus

The following is the text of a lecture drafted by myself and James Wibberley and delivered by us…

Indemnity costs

The article below was first published in March 2011. Does an award of indemnity costs matter?…

Lord Justice Megarry in John v Rees (1970) remembered

“It may be that there are some who would decry the importance of the rules of…

Costs budgeting and satellite litigation

On 28th  January 2013, the Court of Appeal handed down judgment in the case of Sylvia…

Whiplash claims and DBAs

We live in interesting times. In April 2013, the biggest shake up to the civil justice…