CPD Hours Level
Conference expert panelInformation 6 UpdateInformation
SRA Competency B


This annual conference chaired by Dominic Regan examines a range of topical subjects ranging from recent developments under Part 36 through to the future implications of inter partes fixed costs rules.

With its panel of leading experts this conference will appeal to all litigators dealing with this difficult and fast moving topic.

Conference Agenda

This conference will cover the following:

9.30am - 10.15am: Unusual Costs Orders

Professor Dominic Regan, Solicitor, Legal Trainer

The straightforward position is that the loser pays the winner’s costs on the standard basis.

However, there are a number of ways in which alternative orders can be made and a variety of scenarios will be considered including:

  • Ordering a stranger to pay
  • How to secure indemnity costs
  • Penalties for unreasonableness
  • Who is the winner anyway?
  • A few key developments under Part 36

10.15am - 11.00am: The Latest Funding Issues

Alexander Hutton QC, Hailsham Chambers

The relevant law and procedure for funding litigation is ever changing and it is important to keep on top of all these sometimes bewildering developments.

This session will cover:

  • CFAs - change of funding, assignment, remedying flawed agreements etc
  • DBAs - are they finally going to become workable?
  • ATE - clinical negligence premiums; is the ATE market going to continue to survive?
  • Third party funding - the death of the Arkin cap?
  • Security for costs v funders. Solicitors as funders?
  • Future funding options

11.15am - 12.00pm: Costs Management Update

Reuben Glynn, Partners In Costs Ltd

Costs and case management in the form of cost budgeting has been in full swing since the Jackson reforms in April 2013 yet recent case law shows that the budgeting art is not always fully mastered.

This session will cover:

  • Common pitfalls
  • Litigation plan and budgeting
  • Amending budgets
  • Payment on account of costs
  • Cost recovery maximisation

12.00pm - 12.45pm: Solicitor/Client Costs Disputes: More and More Important?

Dr Mark Friston, Hailsham Chambers

It used to be rare for costs disputes between solicitor and client to go to assessment.

However, this has changed and the courts are now busy with applications for sight of solicitors’ files as a prelude to applications for assessment.

What are the current issues?

  • Disclosure of files: who owns the key documents?
  • Time limits and special circumstances
  • When is a bill a statue bill?
  • Informed consent to unusual charges
  • Overcharging as dishonesty

12.45pm - 1.00pm: Questions

2.00pm - 2.50pm: Fixed Costs: Current Law and Future Developments

Andrew Hogan, Ropewalk Chambers

Since 2013 inter partes fixed costs have been introduced in increasing numbers of personal injury cases and are now set to be expanded across civil litigation.

This timely session will consider the current issues and the likely scope of future developments. The session will also include consideration of solicitor-own client issues arising from the fixed costs rules and will cover:

  • Recent caselaw
  • Part 45 problems
  • Current issues
  • Expansion of fixed costs: Jackson II
  • Solicitor own client charges and fixed costs

2.50pm - 3.40pm: Latest Developments in Proportionality

Roger Mallalieu, Barrister, 4 New Square

The new test of proportionality has been in place for a little over 6 years now.

Sir Rupert Jackson considered that it would require a ‘few robust Court of Appeal decisions’ before we could fully understand the parameters of the test in practice.

This session will look at the rule and such judicial guidance as we have to date. including:

  • The principle and the pre/post April 2013 change
  • Practical application on summary and detailed assessment, including the ‘Harrison’ backstop
  • The impact on costs budgeting
  • Does proportionality have any relevance to indemnity basis costs?
  • Judicial guidance

3.55pm - 4.45pm: Part 36 - Key Settlement Developments

Professor Dominic Regan, Solicitor, Legal Trainer and Visiting Professor, City University London

Offers to settle drive the settlement process . The path is treacherous and this talk will look at traps and the latest developments.

  • What do i do if i receive an offer when I don't know the value of my case?
  • New decisions on the Jackson uplift
  • When a Calderbank offer comes into its own
  • Why smart people use the Court form Part 36 offer
  • Offers and conduct

4.45pm - Close: Questions

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Conference | 26.11.2019

London | 9:30am - 5:15pm

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9:30am - 5:15pm
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