Features and Opinion
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Conference spotlight: litigation funding
Dr Emily O’Neill shares what was covered in the litigation funding workshop she chaired at this year’s dispute resolution conference, and considers why this is such an important and timely topic
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Tomlin orders, Gertner and consumer credit: are solicitors are risk?
Rupert Cohen looks at the case of CFL Finance Ltd v Laser Trust and Another, and what this means going forward
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How Adelekun v Ho affects cost orders
Tom Jenkinson examines the decision made in Adelekun v Ho, and the impact that has on costs orders
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A collaborative approach to pro bono litigation
Fatima Bhula, Pro Bono Connect executive officer at LawWorks, discusses how solicitors and barristers are working together to improve access to justice
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Lexlaw v Zuberi: damages-based agreements
Karim Oualnan, partner at Lexlaw, explains the recent Court of Appeal ruling which provides much-needed clarity for solicitors using damages-based agreements (DBAs) with their clients
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Chorley just a matter of time?
Under the Chorley exception, solicitors can recover certain costs when representing themselves in litigation. Jonathan Crystal recaps how the exception came about, and how it has come under increasing challenges in other jurisdictions.
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Navigating after-the-event insurance
Tanya Lansky explains the ins and outs of after-the-event (ATE) insurance, and provides an overview of and tips surrounding the workings of this specialist insurance product.
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Reforming fixed recoverable costs
As the government consultation on extending fixed recoverable costs in civil cases in England and Wales comes to a close, Sir Rupert Jackson considers the benefits and drawbacks of the costs regime in Germany.
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Funding litigation for intellectual property disputes
Rosie Patterson explains how litigation funding for intellectual property (IP) disputes can work for both clients and lawyers.
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A close eye on costs updates
Kerry Underwood explains the solicitor’s obligations relating to costs updates
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How to get your retainer right
Kerry Underwood provides an update on getting your client retainer right, including how to avoid challenges under the Solicitors Act 1974, notice of the right to cancel, and explaining the funding agreement.
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Don't be afraid of the new bill of costs
The new electronic bill of costs is here. Claire Green of the Association of Costs Lawyers explains why you shouldn’t panic.
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Why you shouldn't overlook pro bono costs in civil litigation
Whether you or your firm do pro bono work or not, it is important to know about pro bono costs, says Toby Brown.
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Kerry Underwood's third party funding update
Kerry Underwood dissects two recent judgments that could have significant implications for third party funders.
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BTE insurance: Absolute right to own solicitor at all times
A European court has ruled that a legal expenses insurer’s terms and conditions were incompatible with the Solvency II Directive, and that the claimant had a free choice of lawyer under a contract of legal expense insurance. Kerry Underwood’s response? Don’t take no for an answer from BTE insurers.
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The new Bill of Costs - you're probably going to like it, actually
Are you ready for the new electronic Bill of Costs? Kevin Wonnacott is confident that it will be well-received by civil litigators.
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Third party funding: a solicitor's perspective
Committee member Alison Kirby ponders the third party funding landscape as 2017 draws to a close.
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Hourly rates in retainers: Kerry Underwood on Vilvarajah
Kerry Underwood discusses Vilvarajah v West London Law Limited [2017] EWHC 23, in which a senior costs judge slashed costs after deeming a CFA unreasonable and unfair to the client.
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Kerry Underwood on Jackson and fixed costs
Lord Justice Jackson’s report on fixed costs was published on 31 July, recommending that fixed recoverable costs should apply to claims valued up to £25k. While this is a significant scaling back of his earlier proposals to apply fixed costs for all claims up to £250k, Kerry Underwood says Jackson’s ...
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Online court: our feedback so far
Law Society policy adviser Alice Owen and Section committee members James Perry and Raj Rai were invited to a demonstration of a prototype of the online court last month. Here, they explain what they saw - and why there is still much work to be done.