In this latest costs chat with friends we are pleased to welcome Alicia Tew from Hailsham Chambers.

We cover the first instance decision of Costs Judge Leonard in Reed v Woodward, which provides a salutary reminder about the pitfalls for lawyers who act in person on assessments, as well as a tricky point about dividing costs where acting for two parties when only one can recover.

We then take a deeper dive into Deutsche Bank v Sebastian Holdings and Vik - a case which broke records for the length of the assessment and raised issues around evidencing the work carried out in very heavy cases.  Is there a better way than 'forensic archaeology'?

Thirdly, Alicia took us through new QOCS rules regarding set-off that come into force on 6 April 2023.

2023-02-10 PodCost - Alicia Tew

For our Spring edition of the PodCost series, Jeremy and Andy welcome back Andrew Post KC.

The first half of the discussion covers the Paccar appeal in the Supreme Court in which judgment is awaited.  If the appeal is successful the implications for the litigation funding sector would be catastrophic, with seismic effects for collective actions, not only in the CAT but in other group and high value funded cases.

Also discussed are two decisions in the Costs Office - the first applying significant elasticity to guideline hourly rates, and the second potentially opening the door to more challenges to solicitors' costs in probate matters by beneficiaries.

We round up with a reminder about the impending imposition of fixed costs for cases  worth up to £100,000 and a general discussion on the strengths and weaknesses of ADR to resolve costs disputes.

2023-04-27 PodCost - Andrew Post KC

Inevitably, given the timing, this episode features a deep dive into the Supreme Court's decision in PACCAR and what it means for litigation funding agreements at whatever stage the litigation has reached.

Simon and Jeremy discuss the decision itself, what led to it, and how the decision is likely to play out, including the risks of attempting to sever the now non-compliant parts of a typical litigation funding agreement.

2023-08-02 PodCost with Simon Teasdale

In this episode Alex, Jeremy and Andy cover a broad range of current topics including the introduction of fixed recoverable costs, the latest challenges to funding models presented by the PACCAR decision, the influence of guideline hourly rates on detailed assessments, whether there is any appetite for reform of the Solicitors Act, and the pros and cons of experimenting with ChatGPT for legal research, submissions and even judgments.

2023-10-09 PodCost with Alex Hutton KC

In our last episode before Christmas, Ben Williams KC is our special guest and rattles through the latest topics including the Government's flawed attempts to reverse the SC decision in PACCAR and the the first post PACCAR judgment to rescue a funding agreement (Alex Neil v Sony).

Also covered is a decision of the Court of Appeal to compel parties to engage in ADR (Churchill v Merthyr Tydfil), forthcoming measures to uprate guideline hourly rates for inflation, and the distant prospect of reform to the Solicitors Act

2023-12-06 PodCost with Ben Williams KC

In this latest episode, we are joined by a new friend to the firm in Martyn Griffiths of Gatehouse Chambers.

Following a brief but inescapable update on the fallout from PACCAR, we take a deeper dive into the growing trend for challenges to solicitors' bills by their clients.

Martyn provides some very practical advice to solicitors to avoid some of the more common pitfalls with unclear retainers and billing practice.

2024-02-14 PodCost with Martyn Griffiths

In this special edition we are delighted to be joined by Andrew Gordon-Saker, the Senior Costs Judge.

Andrew is retiring at the end of October after 10 years as Senior Costs Judge and almost 30 years to the day since he was first appointed as a Deputy Taxing Master.

The discussion provided us with a unique overview of the major developments in costs law and practice, particularly since the Jackson review, and Andrew's views on of the future direction of reforms and that are needed.

2024-09-12 PodCost with Andrew Gordon-Saker

In this episode we were very pleased to be joined by Jamie Carpenter KC who presented a typically clear and crisp update on the latest costs issues in CAT proceedings in relation to funding.  Also the unexpected link between the Wagatha Christie case and the Diesel Emissions Litigation.

The hour closes with a fond farewell to Andrew Gordon-Saker, who retires this week.

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