Kerry Underwood
Kerry Underwood is a former employment judge and is a fellow of the Chartered Institute of Arbitrators. He is a well-known writer and appears frequently on radio and television.
FeatureA close eye on costs updates
Kerry Underwood explains the solicitor’s obligations relating to costs updates
FeatureHow 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.
FeatureInsolvency: practice direction makes perfect
On 4 July 2018, a new Practice Direction – Insolvency Proceedings (PDIP) came into force, replacing the most recent practice direction, which itself only came into force on 25 April 2018. Kerry Underwood summarises the new requirements.
FeatureHow to make a derivative claim
A derivative claim allows an aggrieved shareholder to use the company’s name and funds to pursue directors for breaches of fiduciary duty. Kerry Underwood explains the process and considers relevant case law in this important area, focusing on the impact on charities.
AnalysisLitigants in person: the new hardline approach
Kerry Underwood explains the string of recent case law which suggests the courts are taking a much tougher approach to litigants in person.
FeatureKerry Underwood's part 36 update
Kerry Underwood looks at where we stand with part 36 in light of recent judgments and Lord Justice Jackson’s proposals on fixed recoverable costs.
FeatureBTE 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.
FeatureIntermediate track: scope and procedure
Kerry Underwood sets out the scope and procedure of the new intermediate track recommended by Lord Justice Jackson to deal with civil litigation.
FeatureHourly 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.
FeatureKerry 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 ...
FeatureBad news for third party funders: has the tide turned?
Kerry Underwood looks at two recent decisions from the English and Irish courts, which could signify a turning of the tide for third party funding.
FeatureKerry Underwood's proposals for the extension of the fixed costs regime
Kerry Underwood, at the request of Lord Justice Jackson, sets out his proposals for the extension of fixed recoverable costs to all civil work of all kinds up to a maximum value of £250,000, but with the ability to be extended to all claims without a limit on value.
FeatureHas the High Court just reintroduced recoverability of success fees?
In Essar Oilfield Services v Norscot Rig Management the High Court upheld the decision of the arbitrator in an ICC arbitration to allow the recovery of the costs of third party funding in addition to the award of costs and damages.
FeatureExtending fixed recoverable costs: change is coming for litigators
The government is consulting until 17 January on extending fixed recoverable costs across civil litigation. If implemented, they will represent some of the greatest changes for civil litigators since the 19th century, says Kerry Underwood.
FeatureSilver service
Clients are rarely able to judge you on how well you know the law, but they can judge you on how well you look after them: your opening hours, how your reception looks, the clarity of your communications. Kerry Underwood offers his tips for top-quality client service
FeatureFundamental dishonesty: where are we now?
What constitutes fundamental dishonesty has been left to the discretion of the court with no definition provided within the CPR. Kerry Underwood suggests this could all change very soon, with a decision by the Supreme Court imminent.
FeatureSilver service
Clients are rarely able to judge you on how well you know the law, but they can judge you on how well you look after them: your opening hours, how your reception looks, the clarity of your communications. Kerry Underwood offers his tips for top-quality client service
FeatureCosts budgeting, proportionality and hourly rates in high value cases
Kerry Underwood discusses a recent High Court judgment which makes some thorough comments on proportionality, guideline hourly rates and other issues in assessing costs budgets. What could it mean for costs management?
FeatureIt's a fix
Fixed costs for absolutely every civil action in England and Wales may soon be a reality, proclaims Kerry Underwood.
FeatureKerry Underwood: 'our legal system is now a tax-raising commercial venture'
‘For the first time in any society as far as I am aware, a state’s legal system has gone from being a core part of the central inalienable duties of the state to a tax-raising commercial venture.’