Podcast by Practico - the PodCost series
2022 -09 -29 - Costs chat with friends - Andrew Hogan
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.
2022-07-29 - Costs chat with friends - George McDonald
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
2022-05-19 Costs chat with friends - Ben Williams QC
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
2022-02-17 - Costs chat with friends - Jamie Carpenter QC
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
2021 - 11 - 29 Costs Chat with friends Roger Mallalieu QC
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.
2021-09-08 - A costs chat with friends - Prof Dominic Regan with Jeremy Morgan QC 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.
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