0900
Registration and coffee
0930
Chairman's Introduction
Costs, Funding, CFAs, Jackson: Shaping New Case-Law and MOJ Proposals into a Highly Developed Litigation Business Model
Michael Napier CBE, QC (Hon)
Chairman, Irwin Mitchell
Former President of the Law Society and an assessor to Lord Justice Jackson in his Review of the Costs of Civil Litigation. He is a past President of the Association of Personal Injury Lawyers and was joint author of "Conditional Fees: A Survival Guide". He is a former member of the Civil Justice Council and chaired its recent working party that produced the Code of Conduct for Litigation Funders. He is also the Attorney-General's pro bono envoy and an Honorary Bencher of Gray’s Inn.
0940
Conditional Fee Agreements
What future is there for CFAs?
* What will the market do to success fees post-Jackson?
David Marshall
Managing Partner, Anthony Gold Solicitors
Is ranked as one of the top solicitors in London and described as "highly intelligent, calm, experienced and cool in a crisis". He is a member of the Civil Justice Council's Costs & Funding sub-committee and co-author of Conditional Fees: Law and Practice.
1015
Alternative Business Structures
To what extent are Alternative Business Structures developing in the face of the Legal Services Act 2007?
* What structures are coming into play?
* How important is third party funding going to be as the reforms begin to bite?
* How are damages based agreements (DBAs) going to fit into the litigation business model, ie pure contingency fees, with the lawyer taking a share of the damages?
Kerry Underwood
Founding Partner, Underwoods Solicitors
Author of the classic work ‘No Win, No Fee, No Worries’ and ‘Fixed Costs 2’. Appears regularly on radio and television and in the national press in relation to legal topics, and is described in Chambers as ‘the world’s leading authority on conditional fees’ .
1055
Changes to Proportionality
Is it on the cards to reverse Home Office v Lownds [2002] EWCA - ie amend the definition of proportionality for the purposes of costs assessment?
* What does Motto mean for proportionality arguments?
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Format for the day:
With the help of 57 leading practitioners, we have developed a series of thorny questions where a forthright discussion will be of benefit..
Each expert speaker will give a highly focussed 20-minute presentation, followed by 15 minutes for questions and discussion between the audience and speaker. |
* Will it be the case that even if costs are necessarily incurred and reasonable, they will not be recoverable if the overall costs are disproportionate?
Andrew Post
Barrister and Head of Costs group, Hailsham Chambers
Is “one of the cleverest people acting the area of costs.” He is “approachable, practical and excellent” and secures “sensational results” for his clients.
1130
Morning coffee
1145
Motto and others v Trafigura
What effect does the Motto judgment have in terms of (1) operating litigation profit models, (2) advising clients re funding mechanisms?
* How can the short-fall be compensated for?
* How much financial risk if any, must be shifted to the client because of lack of recoverability?
Ben Williams
Barrister, 39 Essex Street
Is known "as a forceful, capable advocate who has pleasant interpersonal skills." He acted on the costs aspects of the hotly contested Trafigura waste matter.
1220
Part 36: Added pressures to settle
Are we seeing an increase to the sanctions against defendants who fail to accept reasonable offers?
* How is the reversal of Carver v BAA [2008] EWCA impacting on litigation strategy?
* How much extra pressure is on parties to settle?
Gordon Wignall
Barrister, No 5 Chambers
Has extensive experience of costs litigation, including applications for group litigation orders, cost capping and CFA enforceability disputes. Is editor of the Law Society's "Guide to Conditional Fees" and "seen as a guru on costs".
1255
Questions and discussion
1315
Lunch
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1415
Birmingham costs pilot
Under the Birmingham costs pilot, what happens when your costs estimate needs to change?
* Surely, even when allowing for contingencies, it is difficult to estimate the final figure, so how accurate do you have to be?
* How much time is it taking to prepare costs estimates in the prescribed format?
* When is the pilot going to be rolled out nationally?
Michael Kain
Chairman, Kain Knight
He is a Costs Lawyer and Fellow of the Association of Law Costs Draftsmen (ALCD) and has been involved with the Bloody Sunday Inquiry and many other high profile cases including Sidex v. Mittel, Harrington v. Wakeling and RAM Media
1450
Costs Management Order
How far will the costs judge be bound to a costs management order (CMO) at detailed assessment?
* How do you address fixed fees and staged retainers (do you break them down into notional amounts for each stage)?
* Will your advice given to on how much they may recover at detailed assessment have to change?
Roger Mallalieu
Barrister, 4 New Square
Is known as a "rising star' (Legal 500) in the costs world; He speaks with "great authority" (Chambers) and has extensive experience of all aspects of costs litigation.
1525
ATE/BTE and Costs shifting
Is the staged premium going to be the only permissible product?
* Will ATE insurance survive post Jackson?
Keith Hayward
Managing Partner, Victory Legal Costs
With over 20 years experience in Costs, Keith is a Deputy District Judge and is currently coordinating a series of test cases on single premium ATE insurance.
1600
Close of conference
5
Law Society, Bar Council & APIL
CPD hours |
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