Welcome to our PodCost series. These interviews are an eclectic mix of specialist costs discussions with leading figures and more general chats about business with the good people we work with behind the scenes.
This PodCost focuses on the perils of disputes between solicitors and clients and how to prevent them. Martyn Griffiths, Jeremy Morgan KC and Andy Ellis start by discussing the ongoing effects of the Supreme Court's decision in the PACCAR case.
The conversation moves on to three recent cases covering:
The rights of beneficiaries to assess costs payable by the estate.
How solicitors are paid when a client ends a Conditional Fee Agreement (CFA) and switches to another firm.
Whether Part 36 applies to disputes between solicitors and clients (it doesn't).
Martyn wraps up the session by offering practical advice for litigators on both avoiding and, if necessary, handling solicitor/client assessments.
December 6, 2023
Ben Williams 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.
October 9, 2023
Alex Hutton KC
Alex Hutton KC, Jeremy Morgan KC and Andy Ellis take another look at the ‘bombshell’ decision of the Supreme Court in the case of PACCAR, and in particular the arguments that are already being debated in court in the wake of the judgment. The discussion takes in the CJC recommendations on costs budgeting and how budgeting in substantial cases might look in the future. There is also a very useful discussion on challenges to solicitor’s costs and what to do when costs are not billed in sterling, but are converted to sterling for the purposes of detailed assessment.
August 3, 2023
Simon Teasdale
Simon Teasdale, Jeremy Morgan KC and Andy Ellis discuss the ‘bombshell’ decision of the Supreme Court in the case of PACCAR which has driven a coach and horses through the world of litigation funding agreements. It is not an exaggeration to say that the decision is already having a seismic impact. As well as looking at the decision itself, the discussion considers what is likely to happen over the coming months and years both in relation to current litigation and litigation which has already concluded.
June 14, 2023
Liz Harris
Liz Harris and Andy Ellis discuss the current state of play of costs budgeting in England and Wales and the proposed introduction of costs budgeting to the state of Victoria, Australia. The discussion takes in hourly rates, the timing of CMCs, budgets as caps, whether it should be possible to cross-subsidise between phases, whether budgeting by stage or by phase is best, budgeting incurred costs, sanctions and more.
March 5, 2023
Andrew Post KC
Andrew Post KC speaks about the PACCAR case which has important implications for both litigation funders and access to justice. Andrew, Jeremy and Andy also speak about hourly rates, fixed recoverable costs, probate costs disputes, and their experiences with ADR in costs litigation.
February 10, 2023
Alicia Tew
Alicia Tew, Jeremy Morgan KC, and Andy Ellis discuss Reed v Woodward, Costs Judge Leonard's decision which highlights the pitfalls of self-represented lawyers and how costs are divided when acting for two parties, but only one can recover costs. They also delve into Deutsche Bank AG v Sebastian Holdings Inc and Alexander Vik, a record breakingly long detailed assessment case. Alicia explains new QOCS rules on set-off.
December 7, 2022
PJ Kirby KC
PJ Kirby KC speaks about his appearance in the Supreme Court in Belsner v CAM; and PJ, Jeremy, and Andy discuss an upcoming Supreme Court judgment on litigation funding.
September 29, 2022
Andrew Hogan
Andrew Hogan discusses the Court of Appeal decision in Islington v Bourous, the regulation of litigation funding in Europe, and the CJC costs consultation.
July 29, 2022
George McDonald
George McDonald discusses the CJC consultation on costs, potential reforms to costs budgeting, hourly rates, digitisation, and fixed recoverable costs.
May 19, 2022
Ben Williams KC 2022
Ben Williams KC, Jeremy Morgan KC, and Andy Ellis discuss the latest developments in solicitors' hourly rates, DBAs, and collective actions.
February 17, 2022
Jamie Carpenter KC
Jamie Carpenter KC 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.
November 29, 2021
Roger Mallalieu KC
In this edition Jeremy Morgan QC and Andy Ellis discuss a range of policy topics and trends with Roger Mallalieu KC 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.
September 8, 2021
Prof Dominic Regan with Jeremy Morgan KC and Andy Ellis
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.
July 23, 2021
Judith Ayling KC
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 KC take part in our latest costs chat between friends and a lively and informative session it proved to be.
May 5, 2021
Andrew Hogan with Jeremy Morgan KC and Andy Ellis
This time our regulars Jeremy Morgan KC 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.
March 8, 2021
Andrew Post KC
In our latest PodCost, Andrew Post KC joins us from Hailsham Chambers
December 15, 2020
Andrew Gordon-Saker
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.
October 15, 2020
Alex Hutton KC (2020)
In this latest episode, Jeremy Morgan KC and Andy Ellis catch up with Alex Hutton KC 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.
September 17, 2020
Nick Bacon KC
Jeremy Morgan KC hosts a discussion with Nick Bacon KC 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.
August 27, 2020
Jeremy Morgan KC with Marion Smith KC and Paul Darling KC
In the second of our 'Costs chat with friends' series our host Jeremy Morgan KC catches up with former chambers colleagues Marion Smith KC and Paul Darling KC 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.
July 1, 2020
A costs chat between friends — Ben Williams KC
As we can't yet resume our quarterly breakfast meetings, here's a 'bring your own breakfast' edition where Jeremy Morgan KC chats with Ben Williams KC 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.
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