This time our regulars Jeremy Morgan QC and Andy Ellis are joined by Andrew Hogan of Kings Chambers.  Jeremy describes Andrew’s contribution as ‘enormously illuminative’ and we are sure you will agree.  The topics covered are:
• Andrew’s thoughts on the effect of the pandemic on the High Court/ SCCO versus the County Court.
• The new regime for witness statements operating in the Business and Property Courts with effect from 6 April 2021 (https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part-57a-business-and-property-courts/practice-direction-57ac-trial-witness-statements-in-the-business-and-property-courts). In Andrew’s words, he has never seen anything like it and the pilot could be seen as ‘an exercise in shuffling the deckchairs.’  Andrew and Andy highlight some immediate and longer-term practical issues which may emerge, including the weaponisation of non-compliance by the parties.
• Solicitor client assessments can be the stuff of nightmares and the panel agree that the challenges we have seen thanks to CheckMyLegalFees.com (Belsner v Cam -https://www.bailii.org/ew/cases/EWHC/QB/2020/2755.html) and Swann v Slater & Gordon - https://www.lawgazette.co.uk/practice/cap-on-damages-amounts-to-informed-consent-court-rules/5107930.article) will inevitably outgrow their current home in personal injury and migrate to commercial litigation.
• Budget variations - the procedure provides a bridge between the certainty that exists for the parties when a costs budget is approved at the beginning of the case and the fact that cases often develop in ways which cannot be imagined initially.  The panel discuss two recent budget variation cases (Thompson v NFL Limited [2021] EWHC 679 (QB) and Persimmon & Taylor Wimpey v Osborne Clark [2021] EWHC 831 (Ch)) and highlight the interplay between the separate routes of  budget variation applications on the back of significant developments and establishing good reason to depart from an approved budget on detailed assessment.  They also pose an important question – who is in the best position to decide whether a budget should be increased, the managing judge or the costs judge?
• The session finishes with a nod to the possibility of costs managing expert accountants’ fees in the future as mentioned by the Senior Costs Judge in the long running costs assessment in the case of Deutsche Bank AG v Sebastian Holdings Inc - https://www.bailii.org/ew/cases/EWHC/Costs/2021/B4.html

2021 05 05  - Costs chat with friends - Andrew Hogan with Jeremy Morgan QC and Andy Ellis

This month George McDonald talks to Jeremy and Andy.  We focus on the CJC consultation on costs and George gives his views on potential reforms to costs budgeting, guideline hourly rates, digitisation and the extension of fixed recoverable costs

2022-07-29 - Costs chat with friends - George McDonald

In this edition we welcome back Andrew Hogan from Kings Chambers for a stimulating discussion on the recent CA decision in Islington v Bourous and what it portends for the development of digital justice; the recent Voss (as opposed to Vos) report on the regulation of litigation funding in Europe and the extent to which England and Wales may follow suit; and wrap up with Andrew's thoughtful reflection on the current CJC consultation on the extension of fixed costs, the future for guideline rates and how to retain the most effective use of budgeting.

2022 -09 -29 - Costs chat with friends - Andrew Hogan

In our last edition of the year we feature PJ Kirby KC, who appeared for the client respondent in the recent Supreme Court appeal Belsner v CAM.  

We discuss the specific and wider implications of that decision and also provide a heads-up for another significant Supreme Court appeal in early 2023 that concerns litigation funding.  

Thirdly we touch upon some recent judicial comments that casted doubt on the future of detailed assessment.

Finally we force Jeremy to reveal what he was up to last week at the Palace!

2022-12-07 - Costs chat with friends - PJ Kirby KC

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

In this special edition Andy Ellis meets Liz Harris, the doyenne of costs in Australia.  We compare notes on costs budgeting, which is due to be introduced in Victoria next year, focussing on the aspects of the English system that have worked well, and not so well.

2023-06-14 PodCost with Liz Harris

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.

2021 05 05 - Costs chat with friends - Andrew Hogan with Jeremy Morgan QC and Andy Ellis

Practico - the PodCost series

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