Virtual Roundtable with Andrew Hogan
One of the benefits of any conversation with our guest, the costs barrister Andrew Hogan, is the breadth of his knowledge of civil litigation costs and his ability to frame a discussion against the backdrop of the constitutional role of lawyers. Lord Denning gets a mention as does Sir Rupert Jackson. The European Union also features and the three-way discussion with Jeremy and Andy is all the better for the insight which Andrew brings.
The first topic of discussion might notionally be about a low value portal case, but it is really about the big policy issues around the increasing digitisation of our civil litigation system which is nicely encapsulated by Andy as the tension between ‘certainty and justice’. Andrew’s thoughts on that begin at [1:39].
The discussion moves on to look at a draft European directive which may well shape or reshape ‘the form of litigation funding in this jurisdiction for a generation’. Andrew’s introduction begins at [9:08] and at [16:10], Andy adds his thoughts on some of the litigation funding issues arising out of the Post Office litigation which has been in the news much in recent times. At [24:15] there is a brief mention of the Essar arbitral decision, which though overturned on appeal had awarded the successful party its costs of litigation funding.
The Civil Justice Council consultation creates a lively debate beginning at [27:13]. Fixed costs are not evil per se, rather the issue is that ‘once they have been set they will simply rust into position’. Guideline hourly rates have become a ‘floating tariff of fixed hourly rates which can be departed from on an increasingly limited basis’. Budgeting is ‘the bespoke or more nuanced version of fixing the costs of litigation’ and can still be useful going forwards.
The session draws to a close with some reflections on the cycles of legal and regulatory fashion, the importance of our justice system and the rule of law, together with a nod to Winston Churchill. There is more than a bit of nostalgia in the air.
