2025 Zoominar Details

Kerry will be doing eight more Zoominars during Autumn 2025. Below are the details of the these eight along with the previous Zoominars recorded earlier this year. All will be from 4:00 pm to 5:00 pm with recordings available.

£100 plus VAT for each Zoominar, £500 plus VAT for all eight Autumn seminars 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.


Autumn 2025 Zoominars

THURSDAY 18 SEPTEMBER: EARTHQUAKE HIGH COURT DECISION: ONLY SOLICITORS CAN CONDUCT LITIGATION

View Topics Covered
  • Re-opening old cases
  • Costs challenges to all post 2007 cases
  • Criminal offence
  • Reserved business
  • Conducting litigation
  • The end of paralegals?
  • What you need to do now

THURSDAY 2 OCTOBER: SOLICITORS ACT 1974 CLIENT CHALLENGES. OMBUDSMAN COMPLAINTS

View Topics Covered
  • Solicitors Act 1974 Client Challenges
    • Main grounds of challenges
    • How to avoid them
    • Law Procedure
    • Costs of Challenges
    • Disclosing retainer
    • Statutory bills
  • Ombudsman Complaints
    • Effectively an alternative to the courts
    • How to deal with them
    • Judicial Review
    • Legal Blackmail

TUESDAY 7 OCTOBER: DEATH OF CLIENT: RIGHT TO BRING OR CONTINUE PROCEEDINGS: THE RETAINER

View Topics Covered
  • Proceedings
    • Where there is a Will - Powers of Executors
    • Intestacy
    • Public Trustee
    • Commencing proceedings
    • Continuing proceedings
    • Case Law
  • Retainers
    • Death clauses in retainers
    • Executors/Administrators adopting the retainer
    • Executors/Administrators ending the retainer
    • Contingency Fee Agreements, Conditional Fee Agreements and Damages-Based Agreements

THURSDAY 9 OCTOBER: CONTINGENCY FEE AGREEMENTS, CONDITIONAL FEE AGREEMENTS & DAMAGES-BASED AGREEMENTS

View Topics Covered
  • The Retainer
  • Different types of agreement
  • The Underwoods Method
  • Challenges by the other side
  • Challenges by the client
  • The Indemnity Principle
  • Information to be given to clients
  • Deductions from Damages

TUESDAY 14 OCTOBER: MINORS, THOSE LACKING CAPACITY AND VULNERABLE PARTIES, PROTECTED PEOPLE ANDWITNESSES

View Topics Covered
  • Contracts for Necessities
  • Retainers
  • Litigation Capacity
  • Litigation Friend
  • Achieving Majority
  • Adopting Retainer
  • In and Out of Capacity
  • Vulnerable Parties, Witnesses and Additional Costs
  • Court Approval for Deduction of Damages
  • Court Approval for Litigation Friend's Expenses
  • Part 36

WEDNESDAY 15 OCTOBER: SIGNATURE REQUIREMENTS FOR RETAINERS, INCLUDING ELECTRONIC SIGNATURES, AND FOR SOLICITOR'S BILLS OF COSTS

View Topics Covered
  • Retainers
    • Hourly Rates
    • Fixed Fees
    • Contingency Fee Agreements
    • Conditional Fee Agreements
    • Damages-Based Agreements
  • Bills of Costs
    • Who can sign? What needs to be signed?
    • Service Requirements
  • Electronic Signatures

THURSDAY 16 OCTOBER: CONDUCTING LITIGATION AND THE MAZUR CASE – PART 2 (1.5 hours 4pm – 5.30pm)

View Topics Covered
  • Legal Services Act 2007
  • What is litigation?
    • Pre-issue work
    • Tribunals
    • Small Claims Track
    • Portals
    • Pre-action Protocols
    • Pre-action applications
  • Conducting
    • Difference between supervision and conducting
    • Delegation
    • Supporting
    • What is, and is not, suitable for delegation
  • Authorized persons
    • Legal Executives
    • Exempt persons
  • Advocacy
  • Reserved legal activities – Part 3 Legal Services Act 2007

THURSDAY 23 OCTOBER: NON-PARTY COSTS ORDERS, INCLUDING WASTED COSTS ORDERS

View Topics Covered
  • Definitions
  • Procedure
  • Credit Hire
  • Company Director
  • Litigation Funders
  • Solicitors
  • Tactics

Spring 2025 Zoominars - Recordings Available

TUESDAY 4 MARCH 2025: DEDUCTIONS FROM DAMAGES. SOLICITORS’ LIENS

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.

View Topics Covered
  • General principles.
  • Information to be given to the client.
  • Obtaining client’s written authority.
  • Authority must be for a cash sum, not just a percentage.
  • Contingency Fee Agreements.
  • Conditional Fee Agreements.
  • When does deduction amount to “payment”? `
  • What causes the Solicitors Act clock to run?
  • Success fee.
  • Final statutory bills for all work done.
  • Fixed recoverable costs cases.
  • Costs budgets and deductions.
  • Client involvement in costs recovery from the other side.
  • Oakwood Solicitors Ltd v Menzies [2024] UKSC 34 (23 October 2024) considered.
  • Legal Ombudsman’s guidance.
  • Solicitor’s liens.

TUESDAY 11 MARCH 2025: FIXED RECOVERABLE COSTS

View Topics Covered
  • Contracting out
  • Transitional arrangements
  • Tracks, bands and stages
  • The intermediate track
  • The figures
  • Counsel
  • Part 36, unreasonable conduct, and London Weighting
  • Personal representatives and trustees
  • Property litigation
  • Experts
  • Funding arrangements

TUESDAY 18 MARCH 2025: PART 36

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.

View Topics Covered
  • The Rule and its scope
  • Practice Direction 36 – Offers To Settle
  • Form N242A.
  • Small Claims Track
  • Appeals
  • Part 36 and Fixed Costs
  • Liability Only offers.
  • Service of Part 36 Offers
  • Protected Parties
  • Part 36 and Calderbank Offers
  • Interest On Part 36 Offers.
  • Day One and Pre-Issue Offers.
  • Non-Monetary Claims and Offers re Matters Not Litigated
  • Part 36: Effect of Winning/Losing: Benefits and Penalties
  • CPR 36.17
  • Genuine Offer to Settle Offer.
  • Inclusive Of Costs Gives No Protection
  • Part 36 And Late Acceptance: Protected Parties Other matters
  • Late Settlement
  • Qualified One Way Costs Shifting and interplay with Part 36
  • Fundamental Dishonesty and Part 36
  • Clarifying, Withdrawing or Changing Part 36 Offers
  • When Court Permission Is Needed
  • Abridgment of Time
  • 21 Days Before Trial: Judge’s Reading Day Not a Trial
  • Offer Less Than 21-Days Before Trial Which Is Then Adjourned
  • Claimant’s Pre-Issue Part 36 Offer If Claimant Becomes Defendant
  • Part 36 Offers and Multiple Parties
  • Settlement With Some, But Not All, Defendants
  • Insolvency: Liquidators Offer to More Than One Party
  • Directors’ Disqualification Cases and Part 36
  • Common Law of Mistake Applies to Part 36 Offers
  • Compensation Recovery Unit Payments
  • Part 36, CPR 47.20 and the costs of detailed assessment
  • Claims Raised but Not Brought Fall Foul of Henderson v Henderson
  • Conditions, Technical Breaches etc; too much detail; no conditions on acceptance
  • No Power to Vary Acceptance Period
  • Wrong Time Limit Does Not Invalidate Offer: Estoppel Can Apply to Service
  • Offer Does Not Need to Satisfy Contract Test
  • Acceptance Displaced By Subsequent Settlement Agreement
  • Offer Must Be Clear: Acceptance of Liability Offer Would Have Precluded Causation Argument
  • Accepting Offer re Counter Claim Does Not Compromise Defence
  • No Costs Order Allowed After First Part Of Split Trial
  • Part 36: Offer Not To Be Disclosed At Interlocutory Stage
  • Part 36 Deemed Costs Order Includes After The Event Premium In Clinical Negligence Cases

TUESDAY 25 MARCH 2025: COSTS INFORMATION AND COSTS UPDATE TO CLIENTS AND ESTIMATES

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.

View Topics Covered
  • General principles.
  • Solicitors Act 1974.
  • Solicitors Code of Conduct.
  • Fair and reasonable.
  • Informed consent.
  • Estimates.
  • Exceeding the estimate.
  • Costs updates – frequency and content.
  • Fixed Recoverable Costs.
  • Contingency fees.
  • Conditional Fee Agreements.

TUESDAY 1 APRIL 2025: RETAINERS, GUIDELINE HOURLY RATES, DOUBLE INDEMNITY: INDEMNITY PRINCIPLE. INDEMNITY COSTS

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.

View Topics Covered
  • Indemnity Principle
    • The principle explained.
    • Exceptions.
    • Fixed recoverable costs.
    • Nizami v Butt.
    • Legal Aid.
    • Part 36 and the indemnity principle.
    • Never have Guideline Hourly Rates in the retainer.
  • Indemnity Costs
    • The principle.
    • As a penalty.
    • Part 36.
    • Limited to solicitor and own client costs.
    • Fixed recoverable costs
      • 50% uplift/deduction re conduct
      • 35% uplift for claimant re Part 36
      • Indemnity principle does not apply.
    • Tactics.
  • Guideline Hourly Rates
    • When do they apply?
    • Current rates
    • Uprating
    • Proposed changes
  • Retainers
    • Appropriate hourly rate
    • Solicitor and Own Client shortfall
    • Capping costs to client

TUESDAY 6 MAY 2025: DISCONTINUANCE, SUMMARY JUDGMENT AND STRIKE-OUT

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.

View Topics Covered
  • General principles
  • Exceptions
  • Qualified One-Way Costs Shifting
  • Reopening discontinued cases
  • Pre-issue liability in fixed recoverable costs case
  • Summary Judgment
  • Strike-out

TUESDAY 13 MAY 2025: COSTS BUDGETING

View Topics Covered
  • Guideline Hourly Rates
  • Costs Budgeting Light
  • Filing and exchange of budgets
  • Budget discussion reports
  • Guidance from Costs Judge Simon Brown
  • King’s Bench Division Masters Costs Management Hearings Guidance Notes
  • Proportionate costs
  • Indemnity costs
  • Unrealistic budgets and costs penalties
  • Budget variation and revision
  • Appeal costs and budgets
  • Costs estimates and Client Care Letters and client costs updates

TUESDAY 20 MAY 2025: QUALIFIED ONE-WAY COSTS SHIFTING INCLUDING FUNDAMENTAL DISHONESTY

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.

View Topics Covered
  • QOCS: The law and the Civil Procedure Rules
  • Case law
  • Section 57 of the Criminal Justice and Courts Act 2015
  • Fundamental dishonesty and its effects
  • Discontinuance and setting aside discontinuance
  • Claims for the benefit of another
  • Hybrid claims

Booking Details

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, £500 plus VAT for all seven Autumn seminars 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.