COSTS & LITIGATION FUNDING GROUP

“first-class advice” The Legal 500, Costs

39 Essex Chambers has an outstanding costs law Key Contacts: group which enjoys a formidable reputation at PETER CAMPBELL every level of seniority and is very highly ranked by Senior Practice Manager both Chambers UK and The Legal 500. The group [email protected] undertakes all aspects of costs work. Members Tel: +44 (0)20 7832 1124 appear in every Court and Tribunal where costs issues arise. Our barristers have considerable experience in JAMIE TUCKER appellate work, with frequent appearances in Court of Practice Manager Appeal and High Court appeals. Members are often to [email protected] be found in the most important costs cases. We also Tel: +44 (0)20 7634 9014 conduct all manner of detailed assessments, involving arguments arising from high value commercial litigation/clinical negligence and personal injury claims, and technical challenges to costs recovery, including Act assessments, and more everyday disputes. GREGORY TREVERTON-JONES QC Chambers also has a wealth of experience in advisory (Call 1977, Silk 2002) and drafting work. The group has considerable expertise in advising on potential funding Gregory regularly assists arrangements and in drafting costs documentation, solicitors in connection with including CFAs, CCFAs and legal expenses insurance regulatory and costs issues policies. arising out of the Jackson A particular feature of 39 Essex Chambers’ costs Reforms and the introduction group is that, whilst all of its members are specialists of alternative business structures, including advising in the principles of costs, many are also well known on and assisting in the drafting of new-style damages- for their work elsewhere, in areas of law ranging from based agreements and conditional fee agreements. commercial and insurance litigation to judicial review, He has considerable experience of wasted costs personal injury and clinical negligence, to construction applications, including the largest such claim to arise and arbitration. This enables us to offer a rounded out of a criminal prosecution: R v Morris [2005] Crim and multi-disciplinary approach to each client. Many 1246. He is regularly instructed on behalf of the Crown members of chambers have very busy advocacy Prosecution Service to oppose applications for costs practices in other areas in the law, which ensures that against the CPS following Crown Court trials, and the quality of advocacy is second to none. has appeared in the following cases: R v Counsell (Lawtel 20/3/14); R (DPP) v Sheffield Crown Court “39 Essex Chambers offers a high-quality team of [2014] EWHC 2014 (Admin); Quayum v DPP [2015] skilled practioners understanding all aspects of costs EWHC 1060 (Admin). “Highly regarded for advising work.” Chambers UK, Cost Litigation. “Counsel at 39 solicitors on the new CFA regime.” The Legal 500. Essex Chambers provide a ‘first-class advice’.“ The “Recommended for regulatory advice and wasted costs Legal 500. applications.” The Legal 500. COSTS & LITIGATION FUNDING GROUP Page 2

VIKRAM SACHDEVA QC JUDITH AYLING (Call 1998, Silk 2015) (Call 1998)

Vikram has a wide-ranging Judith Ayling has a very costs practice at all levels substantial costs practice. She and has acted for individuals, has advised and represented companies and public bodies both paying and receiving in many leading cases. Vikram parties and has considerable has particular expertise in experience in /own commercial costs. He is client disputes. Her experience known as a very persuasive who can win ranges from detailed assessment hearings in the particularly difficult cases and is well respected County Court and the Senior Courts Costs Office to for his advocacy. Vikram has an unusual amount appeals in the County and High Courts, and in the of experience in the higher courts for a costs Court of Appeal. She also has a substantial practice barrister, having acted in the Court of Appeal more in personal injury and clinical negligence, and is than 25 times. He has a wide practice in public and often instructed on costs issues as they arise in commercial law, and is in court at all levels more those areas, for instance in costs budgeting issues often than most . “A stellar performer.” in the context of high value personal injury and The Legal 500. “Recommended for commercial clinical negligence claims. She has a good deal of costs with a disciplinary angle.” The Legal 500. “He’s experience in costs issues arising in the context of got a real flair to his advocacy so judges really listen group litigation. Judith lectures regularly on costs when he talks. He’s also very, very good on paper and matters, including at the Association of Costs his attention to detail is second to none.” Chambers Lawyers annual conference. She was, until 2014, a UK “He has few peers when it comes to knowledge member of the Attorney General’s B panel and has of costs law and its practical application.” Chambers been an editor of Cordery on Solicitors. “A very good UK. grasp of the figures and key issues.” The Legal 500. “An incisive and excellent advocate, particularly in detailed assessment.” The Legal 500. “Her style is very straight to the point and efficient. She can be relied upon to adhere to her brief and to present the case with determination and vigour.” Chambers UK. SIMON EDWARDS “...Costs guru.” Chambers UK. (Call 1978)

Simon Edwards has advised and spoken extensively on conditional fee and other costs issues. He also appears CAROLINE TRUSCOTT regularly at the SCCO. He (Call 1993) drafts solicitors’ retainers including, conditional fee Caroline undertakes advisory agreements, both individual (bespoke) and group work, interlocutory hearings (standard terms), and contingency fee agreements. and detailed assessments He has advised on third party funding agreements in the County Court and the (for clients and funders). His extensive experience Supreme Court Costs Office of litigation in many different fields equips him with on behalf of paying and an understanding of the varied occasions in which receiving parties. Caroline has costs are actually incurred, ranging from common particular experience of contested applications and law through commercial and property to family. When assessments under the Solicitors Act 1974. Recent acting for insolvency practitioners he has advised cases have involved issues of non-compliance with on the specialist costs considerations that arise in the CFA regulations, recoverability of ATE insurance that field. “A key name in this area.” The Legal 500. premiums and costs capping orders. “Clear and concise in court.” The Legal 500. “He has a very professional attitude and shows very good attention to the technical issues of a case.” “He’s very experienced and knowledgeable, and is an empathetic barrister whose sensitivity is appreciated by lawyers and clients.” Chambers UK. “He is a very bright chap.” Chambers UK. COSTS & LITIGATION FUNDING GROUP Page 3

NICOLA GREANEY CAROLINE ALLEN (Call 1999) (Call 2005)

Nicola advises on and appears Caroline is a member of at detailed assessment Chambers’ specialist costs hearings and other costs group and often appears in the cases in the Senior Court SCCO and County Courts in Costs Office and the County detailed assessment hearings and High Courts on behalf of and appeals for receiving paying and receiving parties. and paying parties. She also She appears at cost budgeting hearings, including undertakes regular advisory work. in group litigation, and is currently instructed to deal with costs matters in the Coal Coke Ovens Litigation. She has been involved in cases involving legal aid costs, including R (Ali Zaki Mousa) v SSD [2013] (set-off in legal aid cases) and costs applications against the Lord Chancellor. She recently acted in a PETER MANT high value costs dispute in the Court of Protection. (Call 2006) She has experience of wasted costs applications and is currently instructed in a high profile wasted Costs work and related costs matter. She was successful in defending the commercial claims account Re Eastwood principle in the context of government for about a third of Peter’s costs (Bakhtiyar v SSHD (2015 UT)). She has recently practice. He regularly appears been instructed in a dispute about disclosure of in costs hearings including ATE policies. She is available to give advice and detailed assessments and representation in a variety of costs cases and appeals in the SCCO, the High lectures regularly on costs issues. “She has a very Court and the County Courts. Matters in which Peter good manner with clients.” The Legal 500. recently has been instructed include: issues arising out of the recent Jackson reforms; the recoverability of success fees and insurance premiums; the status of solicitors’ bills (interim statute bills or requests for payments on account); applications for interim costs KATHARINE SCOTT certificates; alleged breach of CFA terms; solicitors’ (Call 2000) negligence; Judicial Review Costs; the compatibility of success fees with Article 10 ECHR; and costs budgeting. Katie advises and represents both Claimants and Defendants in a variety of costs issues before the courts and in arbitrations. She has advised on the enforceability of CFAs and CCFAs, the recoverability of success fees and JACK HOLBORN insurance premiums, and on solicitor and own client (Call 2008) disputes. She has been instructed by the Legal Services Commission in cases involving a variety of issues and Jack accepts instructions has represented applicant solicitors at all stages of their in a variety of costs matters disputes with the LSC, including appeals to the Contract and regularly appears in Review Body and in Judicial Review proceedings. County Courts and the SCCO She has extensive experience of the new costs on applications and detailed management regime and has appeared at a number assessments. He also advises of costs management hearings for both claimants on disputes regarding the and defendants. “A professional and highly effective Compensation Recovery Unit and is currently advocate.” The Legal 500. “Forthright, efficient and instructed on an appeal against the decision of the good at managing her cases.” The Legal 500. “She’s First-Tier Tribunal to uphold a CRU Certificate. Jack very robust, extremely tenacious in court and she was also a contributor to Lord Justice Jackson’s connects well with the clients.” “She’s incredibly good review on costs. on her feet, completely unflappable and able to deal with tricky judges.” Chambers UK. “She’s very clever and confident in what she does.” “She’s thorough, alive to issues and robust.” Chambers UK. COSTS & LITIGATION FUNDING GROUP Page 4

VAUGHAN JACOB MICHAEL STANDING (Call 209) (Call 2013)

Vaughan regularly deals with Michael practises across the complex costs arguments full range of chambers’ civil whether at a Costs and Case liability work with a particular Management Hearing, the interest in cases where fraud end of a trial, or at a detailed is alleged or suspected. assessment hearing. He Michael has a specialist costs appears in the County Court, practice, and is increasingly High Court and SCCO. His expertise includes the instructed in discrete costs disputes. He has following: The Qualified One Way Costs Shifting extensive knowledge of all elements of Qualified regime and its relationship with fundamental One-Way Cost Shifting (QOCS) and fundamental dishonesty under CPR 44.16 and s.57 of the Criminal dishonesty. Justice and Courts Act 2015; Group Litigation Orders and Third Party Costs Orders; Costs budgeting; Settlement and the effect of Part 36 offers; Disputes concerning disclosure, apportionment, proportionality, and the recoverability of VAT; The use of CFAS and success fees; Solicitor-client disputes. RACHEL SULLIVAN (Call 2015)

Rachel has a growing costs practice and regularly acts in costs hearings across ANGELA RAINEY her practice areas. She has (Call 2010) successfully represented parties in cases concerning QOCS, costs against non- Angela is a specialist costs parties, and interim costs, as well as CCMCs. law practitioner appearing regularly in the SCCO, and is able to apply her experience and understanding of detailed costs work in her County Court cases involving more complex costs disputes in summary assessments, and in Costs and Case STEPHANIE DAVID Management hearings. Her experience includes: (Call 2016) detailed assessment; Costs & Case Management Hearings; and advisory work. Notable cases include Stephanie has a growing successfully defending an appeal before the Senior costs practice across her Costs Judge in the SCCO in the case of Art Access practice areas. She has Research (UK) Limited v Peter Biro (2013). successfully represented parties in cases concerning QOCS, costs against non- parties, and interim costs, as well as CCMCs. She has also provided training on part 36 offers. COSTS & LITIGATION FUNDING GROUP Page 5

PETER HURST KEY CONTACTS LLB MPHIL FCIARB*

Peter is the former Senior Costs Judge of England and PETER CAMPBELL Wales. He is an expert in Senior Practice Manager Costs and Litigation Funding. [email protected] This covers all sectors of Tel: 020 7832 1124 litigation as well as solicitor/ Mobile: +44 (0)7725 758 264 client disputes which may arise out of non-contentious matters as well as out of litigation. He accepts instructions as a Mediator, Arbitrator and Expert Witness. Recent cases include: • In The Matter Of Peak Hotels and Resorts Limited (In Liquidation), Russell Crumpler & Sarah Bower (Joint Liquidators Of Peak Hotels & Resorts Limited JAMIE TUCKER (In Liquidation)) – And – Candey Limited [2017] Practice Manager EWHC 3388 (Ch), HHJ Mark Raeside QC. Valuation [email protected] of services provided under a fixed fee agreement Tel: 020 7634 9014 the subject of a floating charge. Judgment for the Mobile: +44 (0)7730 219 468 Defendant solicitors. • Persona Digital Telephony Limited & Sigma Wireless Networks Limited and The Minister for Public Enterprise, Ireland and the Attorney General, and, by order, Denis O’Brien and Michael Lowry. [2017] IESC 27. Whether third party funding agreement was champertous. • Harlequin Property (SVG) Ltd v Wilkins Kennedy, [2016] EWHC 3233 (TCC); [2016] 6 Costs L.R. 1201; Coulson J. Concerning the validity of DBAs – settled before trial concluded. • Energy Venture Partners Ltd v Malabu Oil & Gas Ltd, [2013] EWHC 2118 (Comm); Gloster LJ. Validity of Third party funding arrangement. * Non-Barrister

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