Kerry will be doing a minimum of 15 Zoominars in 2025 and below are details of the first five with more dates and topics to be released in due course. All will be from 4:00 pm to 5:00 pm with recordings available. Cost and booking information at the bottom.
Traditionally solicitors obtained money on account of costs and at the end a successful case would be refunding money to the client.
The widespread use of Conditional Fee Agreements, where no charge is made to the client until the end of the case, and then only if successful, led to it becoming standard for solicitors to await receipt of damages and then deduct costs from those damages.
That has led to endless litigation, culminating in the recent decision of the Supreme Court in
Oakwood Solicitors Ltd v Menzies [2024] UKSC 34 (23 October 2024)
This Zoominar explains the law, and the key issue of when “payment” is made to set the Solicitors Act 1974 assessment clock running; it includes practical advice and template authorities for deduction of costs from damages.
This Zoominar looks at Part 36, which is by far the most important, and inevitably complex, Civil Procedure Rule, and which has produced a significant amount of case law. This course is a comprehensive guide to all aspects of this topic, as set out in the bullet points.
The Solicitors Act 1974 provides that charges to clients must be fair and reasonable, somewhat vague terms which give the courts very wide discretion and there has been substantial case law interpreting these expressions.
Key issues are informed consent, which itself depends upon the explanation and information given to clients both before and during the case.
This Zoominar explains the law and the duties of solicitors and gives a practical advice.
This Zoominar looks at the general principles concerning retainers and the rates to be charged, bearing in mind Fixed Recoverable Costs, the Guideline Hourly Rates, Part 36 and the indemnity principle.
Indemnity is used in two different ways, although there is an overlap.
It looks at the indemnity principle, that is that generally a successful party cannot recover more from the losing party than it is bound to pay its own lawyers. That itself is subject to many exceptions.
It also looks at when indemnity costs, as compared with standard or fixed costs, may be ordered including the 50% uplift/reduction in fixed recoverable costs cases due to unreasonable conduct.
It also looks at the Guideline Hourly Rates, uprating them, and proposed changes, including GHR for counsel.
Discontinuance generally creates a liability on the discontinuing claimant to pay the defendant’s costs. However, life has become more complicated partly due to Qualified One-Way Costs Shifting and partly due to the new fixed recoverable costs scheme which creates a costs liability even before proceedings are issued.
Qualified One-Way Costs Shifting applies only to personal injury cases but there are proposals to extend that.
This Zoominar looks at the effects of discontinuance when the discontinuing claimant enjoys Qualified One-Way Costs protection, and the ability of the court and the defendant effectively to undo the discontinuance to explore the exceptions to Qualified One-Way Costs Shifting.
It also looks at the liability of claimants in fixed recoverable costs cases where a Protocol Letter before Action is sent but proceedings are never issued.
This is a grey area, to put it mildly.
This Zoominar looks at the law relating to Qualified One-Way Costs Shifting, which currently only affects personal injury actions, but is likely to spread to other areas.
It looks in detail at when Qualified One-Way Costs Shifting applies, and more importantly when it does not apply, including where part of the claim is for the benefit of another party and/or where there is fundamental dishonesty.
It also looks at fundamental dishonesty in the context of section 57 of the Criminal Justice and Courts Act 2025 and the complex provisions relating to an otherwise successful claim being dismissed and the calculations that then have to be made.
It also looks at hybrid claims, that is claims involving, but not limited to, personal injury work.
This Zoominar also attracts a free copy of Kerry's book: Kerry on Qualified One-Way Costs Shifting, Section 57 and Set-Off.
Same KerryTime, Same KerryChannel 4.00pm to 5.00pm
Recordings supplied within the price or can be purchased without attending the Zoominar.
£100 plus VAT for each Zoominar or book all Kerry Underwood 2025 Zoominars for £750 plus VAT.
As many colleagues as you like from your organisation can attend.
Recordings sent whether or not you attend.
Please click here to book your place for the Zoominars.
