Legal Features

Fundamental dishonesty allegations – defendants’ new ploy?

Rachel Flannigan Express

There was a legitimate reason for QOCS being created in the funding changes of April 2013. The burden of paying success fees and legal expenses premiums was shifted from the defendant so as ensure the claimant had a legitimate stake in their own costs, and the quid pro quo was that successful defendants would not get their legal costs paid unless QOCS was disapplied. However, to my great disappointment, it appears defendants will not be taking greater care over making such allegations.

July 20th, 2016

Litigation trends in 2015 – challenges for practitioners

Georgina Squire3

As we know, in 2014 the rules changed so that only claims in excess of £100,000 could be issued in the High Court, leading to a lot of cases being transferred to the county courts. We are seeing many claims well in excess of the £100,000 threshold being transferred to the county court.

June 12th, 2015

Predictive coding technology validated in landmark ruling

This past month Ireland has given me cause for celebration due to the decision in Irish Bank Resolution Corporation Ltd & ors v Quinn & ors [2015] IEHC 175, which sanctioned the use of predictive coding technology in the disclosure process.

May 13th, 2015

Ageing rockers’ ailments – can nothing be kept secret anymore?

Charles Gordon, JAMS International mediator and arbitrator

The Rolling Stones were apparently “deeply upset” – as anyone would be – after leaked court documents last year revealed confidential medical information on band members. Mick Jagger, Keith Richards and Ronnie Wood, are, it has now been revealed, mortal and subject to the same ravages of age as the rest of us.

March 10th, 2015

The lessons of the Excalibur ruling

Chris Coffin

The judgment in Excalibur Ventures v Keystone et al will give third-party litigation funders a number of reasons to consider how they structure and monitor their funding activities.

October 27th, 2014

Busting the budget: applications to dis-apply the costs budgeting regime

Lucy McCormick barrister

Lucy McCormick of Henderson Chambers discusses the as-yet little used discretion in the CPR to dis-apply costs budgeting, and explains how she was able to make a successful application in a case involving a litigant-in-person.

March 19th, 2014

Are courts deaf to success fee arguments in noise-induced hearing loss claims?

hearing aid

Roberto Carassale, head of costs at Blackburn firm Joseph Frasier, considers whether noise-induced hearing loss claims are disease claims for the purposes of the success fee provisions in CPR 45.34.

January 23rd, 2014

Part 36 and the new protocols

photo-john-spencer

On 31 July, amendments to part 36 offers began to take effect, and John Spencer and John McQuater have examined the new protocols in relation to their interaction with part 36, and how its incentives to operate through the protocols, and in a fixed costs regime.

September 18th, 2013

Cost in translation

Drew Macaulay_First Advantage Litigation_landscape 2

Courts around the world are cracking down on costs yet the complexity of complying with disclosure rules is increasing, especially where multiple languages are involved. Drew Macaulay of Consilio looks at the major challenges facing litigators when dealing with multi-lingual disclosure.

May 15th, 2013

Costs management: the history, the theory and the impact of Henry

Lord Dyson

Sue Nash, managing director of Litigation Costs Services, explains how the costs management regime is meant to work, and the effect that last week’s Henry ruling will have on it.

February 4th, 2013

Henry ruling – the ins and outs

Gary Knight

Gary Knight, the costs lawyer at Harmans who acted for the claimant’s solicitors in the Court of Appeal’s important costs management case of Henry v NGN, looks at the decision in depth and at the lessons litigators should learn from it.

January 29th, 2013

Manhattan transfer?

James Morrey Jones

E-disclosure is likely to be one of the largest and most difficult parts of putting together an estimate under costs management. James Morrey-Jones, an electronic evidence consultant at Kroll Ontrack UK, considers the key issues.

November 28th, 2012

The price of open justice

Private door

Katie Simmonds and Richard Berry look at the circumstances in which it is possible to hold commercial trials in private, or at least keep confidential information out of the public domain.

October 17th, 2012

Things fall apart – Jackson, 10% and the Court of Appeal

And Dont Get Addicted!

Renowned costs expert Kerry Underwood outlines the many unjust scenarios that could flow from the Court of Appeal’s recent declaration that damages will be increased by 10% from 1 April 2013.

August 8th, 2012

Offers, interest and indemnity costs – it pays to do your homework

DIGITAL CAMERA

F & C Alternative Investments v Barthelemy & Anor [2012] EWCA Civ 843 is a further reminder of the need to ensure that any intended part 36 offer complies with the formal requirements in every way. It also raises some interesting points regarding indemnity costs.

July 26th, 2012

Blog

Fixed recoverable costs: unfair and wrong in principle?

Alex Bagnall

Are fixed recoverable costs inevitable? On 11 November 2016 it was announced that Jackson LJ was to consult on the extension of fixed recoverable costs. That announcement was clear: those involved were to “look at options to extend fixed recoverable costs much more widely”; and to “develop proposals for extending the present fixed recoverable costs regime”. It was said that “the momentum is heavily for reform” and that the purpose of the review was to provide “opportunity for comments and submissions on the form and scope that reform should take”.

April 18th, 2017