COSTS & FUNDING FOLLOWING THE CIVIL JUSTICE REFORMS: QUESTIONS & ANSWERS, 10TH EDITION
Included with the White Book Service is your free copy of Costs & Funding following the Civil Justice Reforms: Questions & Answers, 410th Edition
Costs & Funding following the Civil Justice Reforms: Questions & Answers is a unique book. Produced in conjunction with Practical Law™, this accessible and practical book tackles common practitioner questions on the ongoing effects of the 2013 Jackson reforms on costs and funding. It not only states the law, as set out in the latest legislation, court rules, forms and case law, but also identifies and, where possible, tackles issues and inconsistencies. It sets out to answer questions posed on topics ranging from funding of litigation, case and costs management and proportionality to settlement offers, QOCS and summary assessment. The new edition adds a significant number of new questions and answers; updates the existing questions and answers and revised commentary in light of new and ongoing case law and legislation in the fast-evolving costs and funding landscape post-Jackson.
Each chapter starts with introductory commentary covering relevant legislation, case law and Lord Justice Jackson's Review of Civil Litigation Costs: Final Report followed by the questions and answers, sub-divided under topics.
The new edition covers changes made by recent CPR and legislation updates, including the Civil Procedure (Amendment No.2) Rules 2023 (SI 2023/572), which introduced the extended Fixed Recoverable Costs (FRC) regime and changes to Part 36, and the Civil Procedure (Amendment) Rules 2024 (SI 2024/106), which include various changes to wording of Parts 26, 28 and 45 to provide greater clarity regarding the extended FRC regime.
Other important new developments are covered, such as the Ministry of Justice response to the July 2023 consultation on issues raised regarding the extension of the FRC regime, and the May 2023 report and recommendations of the Civil Justice Council Costs Review regarding the future for costs management and assessment of costs and solicitor/client costs.
New significant case law includes R (on the application of PACCAR Inc) v Competition Appeal Tribunal [2023] UKSC 28 regarding damages based agreements and litigation funding; the landmark decision in Churchill v Merthyr Tydfil County Borough Council [2023] EWCA Civ 1416 that the court can lawfully stay proceedings for, or order parties to engage in, a non-court based dispute resolution process; The Scout Association v Bolt Burdon Kemp [2023] EWHC 2575 (KB) and Amjad v UK Insurance Ltd [2023] EWHC 2832 (KB) (QOCS); Menzies v Oakwood Solicitors Ltd [2023] EWCA Civ 844, Diag Human SE v Volterra Fietta [2023] EWCA Civ 1107 and Boodia v Slade (t/a Richard Slade and Company) [2023] EWHC 2963 (KB) (solicitor client costs and informed consent).
Edited by former Senior Costs Judge Peter Hurst with contributions from a top team of costs and funding experts: District Judge Simon Middleton; Roger Mallalieu K.C., Judith Ayling K.C., Nicola Greaney K.C. and Shaman Kapoor, this is an authoritative and unique book that any practitioner involved with costs cannot afford to be without.
Subscribers to the White Book Service 2024 are offered this book - worth £110 - gratis as part of their subscription.
The list of chapters is:
Chapter 1 Introduction
Chapter 2 Funding litigation
Chapter 3 Proportionality
Chapter 4 Case and costs management
Chapter 5 Part 36 and other settlement offers including ADR and costs consequences
Chapter 6 Qualified one-way costs shifting
Chapter 7 Fixed costs; Indemnity costs; Litigants in person
Chapter 8 Assessments of costs and payments on account of costs
Chapter 9 The effect of the Jackson civil justice reforms on solicitor-client costs
ON YOUR FEET: A PRACTICAL GUIDE TO CIVIL ADVOCACY
On Your Feet: A Practical Guide to Civil Advocacy provides broad coverage of the types of hearings commonly encountered by pupil barristers and junior tenants practising in civil law. The aim of the book is to provide practical information, quickly and clearly, about how to approach each type of hearing and the issues that may arise in that hearing. It indicates the key texts, rules and cases to consult, and guides the reader through the process of appearing in that hearing. This includes holding conferences with the client, communicating with the solicitors, and drafting orders.
The authors, all practising junior barristers, have experience of regular court work and are writing from a current, junior perspective, answering the common questions asked by pupils and junior tenants.
The content of the book is divided between General Civil and Personal Injury; Landlord and Tenant; Commercial Chancery; and Employment. The Introductory section covers general practical considerations, whilst the appendix includes examples of orders and attendance notes which have been approved and used in real cases. The book offers cross-references to the White Book and acts as a ‘way in’ for those not overly familiar with it.
Authors: Clare Elliott, Hailsham Chambers; Brooke Lyne, Landmark Chambers; Emma Horner, 4 Stone Buildings; Chloë Bell, Outer Temple Chambers
Priced at £55, there is a 40% discount available for pupils and junior barristers. A discount form is available ‐ please contact customer services. Also available as an eBook on ProView.