This PodCost is a personal retrospective by the soon-to-retire Senior Costs Judge, Andrew Gordon-Saker. Andrew shared his insights on the evolving landscape of the Senior Court Costs Office during his 30-year involvement with the world of costs. The discussion takes in the Jackson reforms, the electronic bill of costs, the challenges faced in assessing large-scale costs claims and the anticipated and long overdue reform of the Solicitor’s Act 1974. It ends with some heartfelt thanks to Andrew from Jeremy and Andy.

This PodCost focuses on litigation funding (the continuing fallout from the Supreme Court’s decision in PACCAR and the Civil Justice Council’s review) and the hugely significant budgeting decision in the Pan-NOx Diesel Emissions collective actions. Sandwiched between these two very significant topics of conversation, Nick, Jeremy and Andy also take a look at two interesting cases that feature a broad-brush approach to payments on account of costs and a discussion of hourly rates in the context of remote working.

A case commentary and analysis which deals with the approach of the Competition Appeal Tribunal to the summary assessment of some of the costs in the long running Merricks v Mastercard litigation.

This PodCost focuses on the perils of disputes between solicitors and clients and how to prevent them. Martyn Griffiths, Jeremy Morgan KC and Andy Ellis start by discussing the ongoing effects of the Supreme Court's decision in the PACCAR case. The conversation moves on to three recent cases covering: - The rights of beneficiaries to assess costs payable by the estate. - How solicitors are paid when a client ends a Conditional Fee Agreement (CFA) and switches to another firm. - Whether Part 36 applies to disputes between solicitors and clients (it doesn't). Martyn wraps up the session by offering practical advice for litigators on both avoiding and, if necessary, handling solicitor/client assessments.

In our last episode before Christmas, Ben Williams KC is our special guest and rattles through the latest topics including the Government's flawed attempts to reverse the SC decision in PACCAR and the the first post PACCAR judgment to rescue a funding agreement (Alex Neil v Sony). Also covered is a decision of the Court of Appeal to compel parties to engage in ADR (Churchill v Merthyr Tydfil), forthcoming measures to uprate guideline hourly rates for inflation, and the distant prospect of reform to the Solicitors Act.

A case commentary and analysis which deals with the contributions to interim payments made by paying parties pursuant to a joint and several costs order (SKAT v Solo Capital Partners LLP and others)(Horn and others v Knott and others)

Alex Hutton KC, Jeremy Morgan KC and Andy Ellis take another look at the ‘bombshell’ decision of the Supreme Court in the case of PACCAR, and in particular the arguments that are already being debated in court in the wake of the judgment. The discussion takes in the CJC recommendations on costs budgeting and how budgeting in substantial cases might look in the future. There is also a very useful discussion on challenges to solicitor’s costs and what to do when costs are not billed in sterling, but are converted to sterling for the purposes of detailed assessment.

A case commentary and analysis of the budgeting case of Hadley (a Protected Party By His Litigation Friend Laura McCarry) v Przybylo.

Simon Teasdale, Jeremy Morgan KC and Andy Ellis discuss the ‘bombshell’ decision of the Supreme Court in the case of PACCAR which has driven a coach and horses through the world of litigation funding agreements. It is not an exaggeration to say that the decision is already having a seismic impact. As well as looking at the decision itself, the discussion considers what is likely to happen over the coming months and years both in relation to current litigation and litigation which has already concluded.

In July 2023, we welcomed Costs Judge Leonard and Nick Bacon KC to our in-person Roundtable. As usual, we’ve had great feedback from the attendees and the discussion topics were a typically eclectic mix.

Liz Harris and Andy Ellis discuss the current state of play of costs budgeting in England and Wales and the proposed introduction of costs budgeting to the state of Victoria, Australia. The discussion takes in hourly rates, the timing of CMCs, budgets as caps, whether it should be possible to cross-subsidise between phases, whether budgeting by stage or by phase is best, budgeting incurred costs, sanctions and more.

Andrew Post KC, Jeremy Morgan KC and Andy Ellis discuss the PACCAR case which has important implications for both litigation funders and access to justice, hourly rates, fixed recoverable costs, probate costs disputes and ADR in costs litigation.

A case commentary and analysis of the solicitor/client assessment case of O’Sullivan v Holmes and Hills LLP.

Alicia Tew, Jeremy Morgan KC and Andy Ellis discuss the cases of Reed v Woodward and Deutsche Bank AG v Sebastian Holdings Inc and Alexander Vik and the new QOCS rules on set-off.

A case commentary and analysis of the SCCO judgment in the case of Deutsche Bank AG v Sebastian Holdings Inc and Alexander Vik.

PJ Kirby KC, Jeremy Morgan KC and Andy Ellis discuss Belsner v Cam and an upcoming judgment of the Supreme Court on litigation funding.

A case commentary and analysis of two cases involving interim costs orders - ECU Group plc v HSBC Bank and Credico Marketing Ltd v Lambert.

Roundtable with Lord Justice Birss and Alexander Hutton KC which covered the Civil Justice Council's costs review: budgeting, hourly rates, fixed recoverable costs, pre-action costs, and IT in the courts.

Andrew Hogan, Jeremy Morgan KC and Andy Ellis discuss the Court of Appeal decision in Islington v Bourous, the regulation of litigation funding in Europe, and the CJC costs consultation.

A case commentary and analysis of the solicitor/ client assessment case of Lisa Jones v Richard Slade & Co Ltd.