The Liver Building

2021 Costs Conference


Speaker: Various

Date: Wednesday 10th March, 2021

Time: 09:30 - 15:00

Areas of Law: Civil Litigation; Personal Injury

Competencies: B - technical legal knowledge


Course Code: S4420


This conference has been accredited by APIL Training. CPD hours 4.5. Level: Litigator/Senior Litigator

Can’t make the date/time or need to revisit the training? No problem, booking onto this event means you will receive a link to access a recording of the event at your leisure!

The link will be sent within approx 72hrs of live broadcast & be available for approx. 3 months, to view as many times as you wish.

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Welcome & introduction ~ Regional Costs Judge Jenkinson

Solicitor and own client costs - beyond Herbert and Belsner ~ David Pilling, Liverpool Civil Law

  • Analysis of the decisions in Herbert and Belsner
  • Billing practice – what is a statute bill?
  • Retainers and interim statute billing
  • The importance and significance of estimates
  • Solicitors Act proceedings – procedure and practice

Guideline Hourly Rates Update ~ Matthew Waszak, Temple Garden Chambers

  • Recent developments
  • The CJC review
  • Likely changes in 2021

comfort break

Costs Round Up – Including Part 36 ~ Kerry Underwood, Underwoods

Part 36

  • Court of Appeal Guidance on CPR 36.17(4) Enhancements
  • Offer Inclusive of Costs Gives No Protection
  • Offer Construed To Comply With CPR 36 And Maximum Costs Consequences Imposed
  • 10% Uplift Applies in Appeal Proceedings
  • Costs: Settlement with Some, But Not All, Defendants
  • Insolvency: Liquidator’s Offer to More Than One Party
  • Accepting Offer re Counter Claim Does Not Compromise Defence


  • Interest
  • Proportionate Costs Orders (Not Proportionality)
  • Security for Costs
  • Non-Party Costs Orders
  • Default Costs Certificates
  • Other Recent Cases

comfort break

DBAs and the impact of Zuberi v Lexlaw ~ Ed Stansfield, Simpson Millar

  • The past: What were the problems?
  • The present: What has changed following Zuberi?
  • The future: Where does Zuberi leave the DBA reform project?

Conduct and costs ~ Mr PJ Kirby QC, Hardwicke Chambers

What type of conduct of litigation leads to:

  • Costs being reduced or refused in full
  • Indemnity costs being awarded
  • Wasted costs

Summary & thanks ~ Regional Costs Judge Jenkinson

Speaker Biographies

PJ Kirby QC, a former solicitor, is one of the top ranked costs silks and is joint head of chambers at Hardwicke. PJ has appeared in a large number of important costs decisions from the county court to the Supreme Court. He acted for both Mrs Herbert and Ms Belsner so recognises he may not be popular with some solicitors! PJ advises a number of third-party funders and solicitors in relation to funded group actions and DBAs. A fair bit of his life is played out on Twitter @kirby_pj!

David Pilling was educated at the Universities of Sheffield, California at Santa Barbara and Manchester Metropolitan, and was called to the bar in 1999. David’s main areas of practice are Costs, Clinical Negligence and Personal Injury. Prior to practice at the Bar he was a director of a legal costs company advising and representing major insurer clients and local authorities. He is now regularly instructed by both receiving and paying parties at first instance and on appeal in relation to all matters involving civil costs including increasingly costs budgeting hearings. As well as costs issues arising from personal injury and commercial claims David was extensively involved in costs litigation arising from the North West Child Abuse Cases group action and also has experience of dealing with the costs of receivers and trustees in bankruptcy in both civil and criminal matters

Ed Stansfield

Kerry Underwood is Senior Partner of Underwoods Solicitors and is the acknowledged expert on funding, costs, legal systems, client care, marketing and advertising of legal practices. He has written hundreds of articles on legal topics and is a regular contributor to Practical Law, New Law Journal and the Law Society’s Civil Justice Section Newsletter. Kerry appears regularly on radio and television and is frequently consulted by senior politicians and senior members of the Judiciary. Underwoods Solicitors pioneered Conditional Fee Agreements, Contingency Fee Agreements, TV advertising by lawyers and offshoring work to South Africa.

Matthew Waszak is a barrister in practice at Temple Garden Chambers in London. He acts in a broad range of costs and litigation funding disputes, both at first instance and on appeal. He regularly appears in the Senior Courts Costs Office and, outside of London, before Regional Costs Judges. He appeared for the successful appellant in Pollard v University Hospitals of North Midlands NHS Trust [2017] 1 Costs LR 45 and for the successful claimant in Mitchell v Gilling-Smith [2017] EWHC B18 (Costs). Alongside his contentious work, he regularly advises clients on a wide range of litigation funding issues.



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