I am finishing off the paper I am presenting at the MBL Seminars Costs Conference in London on 26th November.
It looks like it will be a very interesting day.
The blurb from the conference website notes the following:
This annual conference chaired by Dominic Regan examines a range of topical subjects ranging from recent developments under Part 36 through to the future implications of inter partes fixed costs rules.
With its panel of leading experts this conference will appeal to all litigators dealing with this difficult and fast moving topic.
This conference will cover the following:
9.30am – 10.15am: Unusual Costs Orders
Professor Dominic Regan, Solicitor, Legal Trainer
The straightforward position is that the loser pays the winner’s costs on the standard basis.
However, there are a number of ways in which alternative orders can be made and a variety of scenarios will be considered including:
- Ordering a stranger to pay
- How to secure indemnity costs
- Penalties for unreasonableness
- Who is the winner anyway?
- A few key developments under Part 36
10.15am – 11.00am: The Latest Funding Issues
Alexander Hutton QC, Hailsham Chambers
The relevant law and procedure for funding litigation is ever changing and it is important to keep on top of all these sometimes bewildering developments.
This session will cover:
- CFAs – change of funding, assignment, remedying flawed agreements etc
- DBAs – are they finally going to become workable?
- ATE – clinical negligence premiums; is the ATE market going to continue to survive?
- Third party funding – the death of the Arkin cap?
- Security for costs v funders. Solicitors as funders?
- Future funding options
11.15am – 12.00pm: Costs Management Update
Reuben Glynn, Partners In Costs Ltd
Costs and case management in the form of cost budgeting has been in full swing since the Jackson reforms in April 2013 yet recent case law shows that the budgeting art is not always fully mastered.
This session will cover:
- Common pitfalls
- Litigation plan and budgeting
- Amending budgets
- Payment on account of costs
- Cost recovery maximisation
12.00pm – 12.45pm: Solicitor/Client Costs Disputes: More and More Important?
Dr Mark Friston, Hailsham Chambers
It used to be rare for costs disputes between solicitor and client to go to assessment.
However, this has changed and the courts are now busy with applications for sight of solicitors’ files as a prelude to applications for assessment.
What are the current issues?
- Disclosure of files: who owns the key documents?
- Time limits and special circumstances
- When is a bill a statue bill?
- Informed consent to unusual charges
- Overcharging as dishonesty
12.45pm – 1.00pm: Questions
2.00pm – 2.50pm: Fixed Costs: Current Law and Future Developments
Andrew Hogan, Ropewalk Chambers
Since 2013 inter partes fixed costs have been introduced in increasing numbers of personal injury cases and are now set to be expanded across civil litigation.
This timely session will consider the current issues and the likely scope of future developments. The session will also include consideration of solicitor-own client issues arising from the fixed costs rules and will cover:
- Recent caselaw
- Part 45 problems
- Current issues
- Expansion of fixed costs: Jackson II
- Solicitor own client charges and fixed costs
2.50pm – 3.40pm: Latest Developments in Proportionality
Roger Mallalieu, Barrister, 4 New Square
The new test of proportionality has been in place for a little over 6 years now.
Sir Rupert Jackson considered that it would require a ‘few robust Court of Appeal decisions’ before we could fully understand the parameters of the test in practice.
This session will look at the rule and such judicial guidance as we have to date. including:
- The principle and the pre/post April 2013 change
- Practical application on summary and detailed assessment, including the ‘Harrison’ backstop
- The impact on costs budgeting
- Does proportionality have any relevance to indemnity basis costs?
- Judicial guidance
3.55pm – 4.45pm: The Pain and Pleasure of Budgeting
Professor Dominic Regan, Solicitor, Legal Trainer and Visiting Professor, City University London
Costs management has been part of mainstream litigation for over 6 years.
Recent developments have at last made key principles clear although there are still pools of uncertainty. This session will explain where we are and will include:
- Inadequate budgets
- What to do if you miss the deadline
- How not to vary!
- Does a shortfall in quantum lead to a reduction?
- How to recover more than the budgeted amount
- Payments on account of costs: how much?
4.45pm – Close: Questions