CPD Hours Level
Conference expert panelInformation 6 UpdateInformation
SRA Competency B


From latest developments on such matters as the difference between variation and withdrawal, through to fixed costs in lower value clinical negligence cases, and possible future reforms on the funding front, this annual conference chaired by Dominic Regan, once again returns to focus on a wide range of important and topical issues.

Conference Agenda

This conference will cover the following:

9.30am - 10.15am: Part 36 Update

Professor Dominic Regan, Solicitor, Legal Trainer

This most important of measures continues to generate wave after wave of case law. The very act of making a compliant offer has generated new decisions this year.

Issues to be addressed include:

  • What costs are payable when an offer is accepted out of time?
  • The impact of payments on account
  • Vary or withdraw, the big difference
  • Best tactics when seeking to settle a high claim with a low proposal
  • Reliance upon a withdrawn offer

10.15am - 11.00am: An Update on Funding Issues

Alexander Hutton QC, Hailsham Chambers

While there are many more choices of funding claims than there were in days gone by, many are not without their pitfalls and complications.

The session will cover:

  • CFAs - assignment of CFAs, drafting errors in CFAs and when they can be remedied (if at all)
  • ATE - recover of clinical negligence premiums, the application of proportionality, the availability and usefulness of ATE post-recoverability
  • DBAs - are they to be reformed? What are the risks of using them now?
  • Third party funding - security for costs against third party funders, the future of the Arkin cap, solicitors underwriting costs themselves
  • Possible future reforms to funding as a result of a review of LASPO

11.15am - 12.00pm: Costs Management Update

Reuben Glynn, PI Costing Ltd

This session will cover recent developments in costs management and will cover:

  • The latest rules
  • Proportionality in costs under conditional fee agreements
  • Pitfalls and problems
  • Payments on account
  • Recovery of costs
  • Recent case law

12.00pm - 12.45pm: Costs and Professional Negligence Claims

PJ Kirby QC , Hardwicke

This session will consider claims arising out of the negligence of solicitors and barristers when dealing with costs issues and will include:

  • Allegation of negligence raised in response to claims against the client for the non-payment of fees - who can deal with them?
  • ATE - claims arising out of the failure to advise as to the availability of the same?
  • Posts LASPO CFAs - what duties are owed to the client when proposing/agreeing the uplift?
  • Costs budgeting - claims arising out of the failure to prepare a reasonable budget or to apply to revise the same
  • Third party funding - what duties are owed to the funder?
  • Avoiding claims

12.45pm - 1.00pm: Questions on Morning Session

2.00pm - 2.50pm: Fixed Costs - Where Are We Now?

Robert Marven QC, 4 New Square

Fixed costs are an increasing feature on the civil litigation landscape. Have things gone too far or not far enough? Are they a means of giving certainty and avoiding costs disputes or do they cause injustice?

This session will cover:

  • When and how do fixed costs apply?
  • Escaping fixed costs regimes
  • Fixed costs and Part 36
  • Future developments in fixed costs

2.50pm - 3.40pm: Latest Developments in Solicitor Client Costs Disputes

Roger Mallalieu, 4 New Square

As the effects of the Jackson reforms bite harder and harder, the potential for disputes between solicitors and clients become ever greater.

This session will consider:

  • The key potential areas for dispute, including the latest cases on funding and additional liabilities
  • Recent case law on the key substantive issues surrounding solicitor client disputes
  • The latest law on questions of disclosure of solicitors' papers
  • Key pointers on how to seek to minimise the risk of such disputes

3.55pm - 4.45pm: Costs Reform

Professor Dominic Regan, Solicitor, Legal Trainer

Plenty of measures are in the pipeline and all the latest will be reviewed.

These include:

  • Fixed costs in lower value clinical negligence cases
  • The intermediate track recommended by Lord Justice Jackson
  • New impetus to use ADR
  • The online Court

4.45pm - Close: Questions & Answers

Quick Quiz - Test Your Knowledge: Just click Costs

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Conference | 03.12.2018

London | 9:30am - 5:15pm

Costs Conference 2018

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9:30am - 5:15pm
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