Practico - the PodCost series

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.

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.

In this episode the limited progress with Third Party Funding since the legislation aimed at overturning PACCAR failed to make it through before the pre-election dissolution of Parliament. We also touch on some interesting cases that feature a broad brush approach to payments on account of costs and a discussion of hourly rates in the context of remote working. The PodCost wraps up with a review of Nick's and Practico's involvement in what is likely to be the costs case of the year - the budgeting hearings in the Pan-NOx Diesel Emissions collective actions.

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.

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

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.

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.

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.

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.

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.

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!

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.

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

As ever, Ben Williams QC is on sparkling form as he joins Jeremy Morgan QC and Andy Ellis to run the rule over the latest developments in solicitors' hourly rates, DBAs and collective actions

In our latest discussion Jamie Carpenter QC, the new head of the costs team at Hailsham Chambers does brilliantly to overcome a flaky internet connection at Jeremy's end. Without missing a beat, Jamie runs through some important recent decisions on third-party costs orders, security for costs, the abatement of brief fees when a case settles before trial and illustrates some of the pitfalls of regulated retainers

In this edition Jeremy Morgan QC and Andy Ellis discuss a range of policy topics and trends with Roger Mallalieu QC including the need for Solicitors Act reform, fixed costs on the horizon, improved take-up of DBAs, the potential review of budgeting introduced last week by Lord Justice Vos and yet more consultation around pre-action protocols. We also compare notes on the good and bad effects on legal life as the pandemic drags on.

Dominic Regan's Twitter handle pays homage to a vintage champagne. He is a legal speaker, writer, broadcaster and trainer as well as a non-practising solicitor. He said during this session that he was honoured to be asked to take part in the Practico Virtual Roundtable series, but in truth, we were every bit as honoured to have Dominic share his thoughts and wisdom with us. We kick off with a look at the Civil Justice Council's proposals for compulsory ADR. After a quick look at the difference between the original vision in relation to costs budgeting and current practice, the conversation moves on to Dominic's favourite case of 2019 – Essex v UBB Waste. Dominic's view is that the judgment of Mr Justice Pepperall contains many lessons for litigators, and Jeremy makes the point that the judgment is akin to a checklist for litigators to use once the outcome of a trial is known. It really is a judgment with something for everyone. Staying with the Part 36 theme, Dominic highlights the surprising situation that many claimants do not make Part 36 offers and Dominic and Jeremy look at the basket of benefits available to successful claimants who do. Dominic looks briefly at the new witness statement regime in the Business and Property Courts. His firm view is that there was nothing wrong with the original rules, the issue is that non-compliance has too long been tolerated. In trying to right that wrong, the rule makers got carried away and the resulting new system is massively elaborate. Dominic's own alternative is, by contrast, strikingly simple. The new guideline hourly rates also receive a quick mention, in particular whether they signal a move towards a market basis for setting hourly rates in the future. The session finishes with an exchange of legal quotes which I hope will raise a smile. For links to all the case reports that are mentioned in

Our most recent guest came to the Bar in her mid-30s with a successful career as a commissioning editor in linguistic and philosophical publishing already under her belt. Last year she took silk and is described as ‘a force to be reckoned with'. Jeremy, Andy and I were absolutely delighted to have Judith Ayling QC take part in our latest costs chat between friends and a lively and informative session it proved to be. Our aim is to bring you informative and relevant content and, with Judith's help, I am confident that yet again we have hit the mark. Next time we will be joined by Dominic Regan and, as always, please do let us know if there are topics of particular interest to you which we could discuss with Dominic.

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

In our latest PodCost, Andrew Post QC joins us from Hailsham Chambers and we talk about: 1 - The Zuberi v Lexlaw decision of the Court of Appeal on the enforceability of DBAs and what it means for the ability to effect termination clauses (easy) and to introduce hybrid fee arrangements (difficult). 2 - The possibility of partial relief from sanction for late filing of a costs budget based on obiter remarks in Heathfield International LLC v Axiom Stone (London) Ltd. 3 - Merricks v Mastercard will shortly return to the CAT and certification for this opt-out class action is expected. We discuss what this means for costs in collective actions and how the CAT may approach costs management if it can be encouraged to develop an appetite for budgetary control. 4 - A year after the first lockdown kicked in, we consider the good and bad aspects of remote working, in court, mediation and in daily practice.

In this Christmas edition of the PodCost we were delighted to be joined by the Senior Costs Judge, Andrew Gordon-Saker for a review of the year in litigation costs and how (well) the SCCO has adapted and coped with remote hearings. There is also some news about the Guideline Hourly Rate Review and some thoughts about budgeting after the October rule changes

n this latest episode, Jeremy Morgan QC and Andy Ellis catch up with Alex Hutton QC from Hailsham Chambers. Topics include a short consideration of how litigation is holding up in the current pandemic and recession, the latest on the guideline hourly rates review, the possibility that the next iteration of the 'costs wars' may pit clients against their lawyers, and the key takeaways from the recent rule changes around budget variation

This is the third edition post-Covid of our virtual roundtables under the theme 'Costs talks with friends'. In this edition Jeremy Morgan QC hosts a discussion with Nick Bacon QC of 4 New Square and Andy Ellis. MD of Practico. The ground covered is in part a trailer for some forthcoming appeal decisions of interest to litigators. One concerns the thorny issue of informed consent by clients to situations where their liability for costs to solicitors is likely to exceed the sums available to be recovered inter partes. We also discuss the question of what constitutes litigation services in the context of argument in a recent case involving Ryanair, wherein at first instance it was decided that the solicitors did not have lien on costs that would prevent Ryanair from paying compensation direct to represented claimants. Nick and Andy suggest that reform of the Solicitors Act is long overdue and rounding up recent decisions we look at a little known decision on costs budgeting arising from Depp v NGN which foreshadowed changes in the PD coming in next month.

In the second of our 'Costs chat with friends' series our host Jeremy Morgan QC catches up with former chambers colleagues Marion Smith QC and Paul Darling QC from 39 Essex. Topics were wide-ranging and included the latest on non-party costs orders (including against experts), implications for third party funders, and the importance of going for indemnity basis costs when circumstances encourage it. Cases referred to include: • The Ikarian Reefer [1993] 2 Lloyd’s Rep 68, [1993] 2 WLUK 373 • Phillips v. Symes (No. 2) [2004] EWHC 2330 (Ch), [2005] 1 WLR 2043 • Jones v. Kaney [2011] UKSC 13, [2011] 2 AC 398 • X Local Authority v Trimega Laboratories Ltd [2014] 2 FLR 232, • Re A v. B, C, D, E and F and Local Authority A (Fact finding honour based violence) [2019] EWHC 406 (Fam) • Re Capita Translation and Interpreting Ltd [2015] EWFC 5 • Thimmaya v Lancashire NHS Foundation Trust [2020] 1 WLUK 437 [2020] PNLR 12 • Arkin v. Borchard Lines Ltd (Nos 2 and 3) [2005] EWCA Civ 655, [2005] 1 WLR 3055 • ChapelGate Credit Opportunity Master Fund Ltd v. James Money, CA [2020] EWCA Civ 246 and first instance (Snowden J) [2019] EWHC 997 (Ch) • Singularis Holdings Limited v. ChapelGate Credit Opportunity Master Fund Ltd [2020] EWHC 1616 (Ch)

As we can't yet resume our quarterly breakfast meetings, here's a 'bring your own breakfast' edition where Jeremy Morgan QC chats with Ben Williams QC of 4 New Square and Practico's Andy Ellis. We talk about big brief fees and larger accountants' fees, ADR, a curious recent decision affecting group actions, and the increasing trend for solicitor client assessments #costs #practico #costslitigation #benwilliamsqc #jeremymorganqc #andyellis www.practico.co.uk @PracticoCosts

In our special Christmas episode, the Senior Costs Judge, Andrew Gordon-Saker and Alex Hutton QC from Hailsham Chambers compare notes with Andy Ellis about potential reform of the detailed assessment procedure. Together we develop some of the themes in Practico's recent whitepaper 'Beyond The Electronic Bill'.

In our latest episode, Gus Sellitto of Byfield Consultancy compares notes with Andy Ellis about trends in the Legal PR and Costs sectors, with a deeper look at group litigation in its conventional form and the new challenges and opportunities presented by opt-in and opt-out class actions.

Andy Ellis discusses with Drew Winlaw our current work with 'legal engineers' Wavelength. Drew's team is helping us to refine the process of extracting data from law firms' and counsel's time records and improving client and court facing costs reports. This means beefing up some of the automated processes we have developed in Excel and creating the space for better analysis and modelling.

Andy Ellis chats with Jeremy Morgan QC about what Brexit is likely to mean for British citizens living in Europe. Jeremy has been very active active in the lobby group https://britishineurope.org/

A discussion between Andy Ellis and Fredrik Jonsson of Allthingsare about creating a strong visual identity for Practico and how that has evolved over the last few years

Kicking off the discussion Practico's Andy Ellis and Liz Harris of Ovid Consulting look at alternatives to hourly billing in litigation and explore Liz's growing role as a court-appointed assessor on costs in group actions. Andy Ellis - http://www.practico.co.uk/ Liz Harris - https://ovidconsulting.com.au/

Continuing the discussion Practico's Andy Ellis and Liz Harris of Ovid Consulting chew over costs issues in group litigation, proportionality and the increasing trend for client challenges to law firm's bills. Andy Ellis - http://www.practico.co.uk/ Liz Harris - https://ovidconsulting.com.au/