Practice Areas

Costs & Litigation Funding

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The new litigation funding landscape post Jackson requires a new approach to costs and litigation funding. More emphasis will be placed on planning, less on arguing about costs after the event Thirty Nine Essex Street is ideally placed to help practitioners, insurers, funders and litigants to cope with these changes with its outstanding costs and litigation funding team which enjoys a formidable reputation at every level of seniority with high rankings in both Chambers & Partners and Legal 500.

Jackson likened litigation to a commercial project. From the start of that project team members can assist with setting up the appropriate funding vehicles bringing to bear the team’s considerable expertise in advising on potential funding arrangements and in drafting costs documentation, including CFAs, DBAs, CCFAs and legal expenses insurance policies.

Members appear in every court and tribunal where costs issues arise. Our barristers have considerable experience in appellate work, with frequent appearances in Court of Appeal and High Court appeals We also conduct all manner of detailed assessments, involving arguments arising from high value commercial litigation and technical challenges to costs recovery, as well as more everyday disputes.

A particular feature of Thirty Nine Essex Street's costs and litigation funding team is that many are also well known for their work elsewhere, in areas of law ranging from commercial and insurance litigation to judicial review, solicitors’ regulation, personal injury and clinical negligence, to construction and arbitration. This enables us to offer a rounded and multi-disciplinary approach.

The members of the team:

Gregory Treverton-Jones QC regularly instructs and assists solicitors in connection with regulatory and costs issues arising out of the Jackson reforms and the introduction of alternative business structures, including advising on and assisting in the drafting of new-style damages-based agreements and conditional fee agreements.  Considerable experience of wasted costs applications, including the largest such claim to arise out of a criminal prosecution: R v Morris [2005] Crim 1246.Author of successive editions of The Solicitors' Handbook published by The Law Society from 2008 up to and including 2013, and editor of Cordery on Legal Services. Articles include "The Referral fee ban“ “Turning the Clock Back Legal Compliance Bulletin" - January 2013 "Entity Regulation - Solicitors Beware!" Law Society Gazette - July 2012

Simon Edwards is co-head of the costs team. He has advised and spoken extensively on conditional fee and other costs Issues in particular issues arising out of the Jackson reforms and how they impact on the changing legal market . A particular interest is in assisting in the drafting of business transfer agreements whether out and out transfers, reorganisations or conversions into LLP or company status He appears frequently at the SCCO. His extensive experience of litigation in many different fields equips him with an understanding of the varied occasions in which costs are actually incurred, ranging from common law through commercial and property to family. When acting for insolvency practitioners he has advised on the specialist costs considerations that arise in that field.

Judith Ayling is co-head of the costs team. She has a very extensive costs practice. She has experience of dealing with the detailed assessment of costs, and has both advised in writing and appeared at detailed assessment hearings in the County Court and in the SCCO, as well as appearing at appeals from detailed assessment. She has particular expertise in issues arising out of CFAs and CCFAs, including success fees, insurance premiums and the recovery of additional liability where there has been non-compliance with the CPR. She also has experience in professional negligence cases involving costs. She has also lectured regularly on costs matters. She is a member of the Attorney General’s Panel of Junior Counsel to the Crown (B Panel). She is listed as a leading costs junior in the UK Legal 500.

Caroline Truscott was called to the bar in 1998. She has extensive experience of advisory work and advocacy in the costs field. She has advised on and appeared at interlocutory costs hearings and detailed assessments in the County Court and the Supreme Court Costs Office on behalf of both paying and receiving parties. She has particular experience in contested applications and assessments under the Solicitors Act 1974. Recent cases have involved issues of non-compliance with the CFA regulations, the recoverability of experts' fees where there is no permission to rely upon expert evidence and the extent to which disputed facts such as malingering can be raised at the detailed assessment stage in cases which have settled.

Vikram Sachdeva is recommended as a leading junior in costs by the Legal 500. He acts for both Claimants and Defendants at all levels, and has a busy costs practice. He is a member of the Attorney General’s Panel of Junior Counsel to the Crown (B Panel). He has particular expertise in the recovery of success fees and insurance premiums, and has conducted a large number of such cases both at first instance and on appeal.

Nicola Greaney was called to the bar in 1999. She advises on and appears at detailed assessment hearings in the Supreme Court Costs Office and the County Court on behalf of both paying and receiving parties. She is available to give advice and representation in a variety of costs cases. Apart from costs, she practises in personal injury and clinical negligence law and administrative and public law.

Katharine Scott was called to the bar in 1999. Katharine advises and represents both claimants and defendants in both solicitor and client disputes and inter partes disputes.  She is instructed by the Legal Services Commission in cases involving a variety of issues. In addition she has represented applicant solicitors at all stages of their disputes with the legal services commission, including appeals to the contract review body and judicial review. She is listed as a leading costs junior in the UK Legal 500.

Peter Mant was called to the Bar in 2006. He regularly acts for both paying and receiving parties in detailed assessment hearings and on appeal. He has advised on a broad range of costs matters, including the recoverability of success fees and insurance premiums. He has extensive knowledge of human rights having worked for the registry of the European Court of Human Rights, and he has recently been instructed in a number of cases concerning the compatibility of success fees with Articles 6 and 10 of the European Convention of Human Rights.

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