Civil Litigation Update 2023

KEY SUBJECTS

• FIXED COSTS IN THE NEW INTERMEDIATE TRACK
• THE ERRANT EXPERT
• COSTS AND PART 36 UPDATE
• SERVICE OF PROCEEDINGS
• WHAT CAN I CHARGE MY CLIENT

SPEAKERS

Professor Dominic Regan, The City Law School, London

Rupert Cohen, Barrister, Landmark Chambers

Shantanu Majumdar KC, Radcliffe Chambers

CONFERENCE PROGRAMME

09.30am CHAIRMAN’S INTRODUCTION

FIXED COSTS IN THE NEW INTERMEDIATE TRACK

October 1st sees the creation of a new track which will capture many cases worth between £25,000 and £100,000. Dominic Regan advised Sir Rupert Jackson upon this reform. It will make a profound difference to recoverable costs and the way in which cases will need to be conducted. The talk will cover:

• Which cases are suitable for the Track?
• Which matters are exempt?
• How are costs calculated?
• How can I recover more than the fixed sums?
• How does banding work?
• The 3 different Rules as to implementation

Professor Dominic Regan, The City Law School, London

THE ERRANT EXPERT

The 1999 Woolf Reforms were supposed to see off bad behaviour by experts but a recent run of decisions has seen multiple breaches of the Rules. This talk will address:

• The lessons of MUYEPA 
• What every expert must know about Part 35
• More single joint experts?
• Dealing with default

Professor Dominic Regan, The City Law School, London

COSTS AND PART 36 UPDATE

The session will provide a summary of the key cases concerning Part 36 offers which have been handed down over recent years. It will:

• Provide a brief introduction to the operation of Part 36
• Give a commentary of the key cases
• Give various tips to avoid common pitfalls
• Describe the benefits of the Part 36 regime compared to other methods of ADR
• Explore how Part 36 dovetails with other parts of the CPR

Rupert Cohen, Barrister, Landmark Chambers

SERVICE OF PROCEEDINGS

15 years after the introduction of the new CPR 6 on service, the courts are still working out its meaning and effect. This session will discuss the recent decisions and also the most important of the amendments to Part 6 in the last year.  

• Personal service: injunctions and contempt
• Persons unknown
• Agreements to accept service
• Continuing complications of Brexit
• New gateways for service outside the jurisdiction

Shantanu Majumdar KC, Radcliffe Chambers

WHAT CAN I CHARGE MY CLIENT

More and more clients are challenging their bills! What can be done to avoid grief?

• The impact of HERBERT and then BELSNER ( October 2023)
• The duty to identify funding options
• Problems created by fixed costs
• Examples of problems identified by the Legal Ombudsman

Professor Dominic Regan, The City Law School, London

5.00pm CLOSE OF PROCEEDINGS