Posts by Simon Edwards

  • Guidance, is it always useful?

    Costs disputes frequently involve having to look at a solicitor’s retainer and deciding what it means so as to determine whether or not a costs claim offends the much maligned but still alive indemnity principle. Many practitioners and judges thought that Arnold v Britton was the last word and that it reflected a move away … Continue reading Guidance, is it always useful?

  • Part 36 battles galore

    Part 36 never ceases to throw up disputes. Recently, “issue of the month” has been what happens when a defendant accepts a Part 36 offer late.

  • Brexit and costs

    You may think that the law of costs will sail on majestically, despite the political turmoil of the last few weeks. Who could have predicted, however, that instead of Michael Gove as Secretary of State for Justice and Lord Chancellor, we would have Liz Truss? Her appointment has brought forth trenchant criticism from, amongst others, … Continue reading Brexit and costs

  • Third party funding: not such a bright idea?

    When returns on investment in traditional markets are at an all time low, capital (especially private capital) seeks better returns elsewhere. Pensioners cash in their pensions and dive into the buy-to-let market (their children need to worry about their inheritances if/when that bubble bursts), while more adventurous investors see litigation as a money spinner.

  • Costs management is here to stay

    In the first of our guest posts by members of 39 Essex Chambers, Simon Edwards discusses Lord Justice Jackson’s Harbour Lecture entitled “Confronting Costs Management”, which was delivered on 13 May 2015.