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Costs and Funding following the Civil Justice Reforms: Questions and Answers

Costs and Funding following the Civil Justice Reforms: Questions and Answers
10th Edition
Practice Area:  Dispute Resolution, Litigation
ISBN:  9780414118928
Published by:  Sweet & Maxwell
Publication Date:  30 Apr 2024
Subscription Information:  Non-Subscribable Product
Format:  Paperback
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PRODUCT DESCRIPTION

The tenth edition of Costs & Funding following the Civil Justice Reforms: Questions & Answers publishes with the White Book 2024. Depending on which format of the White Book you choose, your free copy will be delivered in the same format: it will be published in print, as an eBook using the award-winning ProView app, and online with the White Book on Westlaw.

Costs & Funding following the Civil Justice Reforms: Questions & Answers is a unique book. Produced in conjunction with Practical Law, this practical and accessible book tackles common practitioner questions on the 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 the ongoing reforms arising from Lord Justice Jackson’s Review of Civil Litigation Costs: Final Report followed by the questions and answers, sub-divided under topics.

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.

For further information please visit www.sweetandmaxwell.co.uk/whitebook

The new edition covers changes made by recent CPR and legislation updates:

  • 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;
  • the Civil Procedure (Amendment) Rules 2024 (SI 2024/106), which includes various changes to the wording of Parts 26, 28 and 45 to provide greater clarity regarding the extended FRC regime.

Other important new developments are covered:

  • the Ministry of Justice response to the July 2023 consultation on issues raised regarding the extension of the FRC regime;
  • 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).
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