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Articles by Martyn Griffiths
Countering insurance fraud is a team sport – What insurers can learn from rugby union
By Martyn Griffiths, Sales Manager, FRISS Let’s start with a contentious statement, rugby union is the ultimate team sport. That’ is not to say that other teams sports are less athletic or don’t require excellent teamwork. Anyone who remembers the way Pep Guardiola’s Barcelona team created football poetry knows that’s not the case. The lens through which we’re looking at this is the way different types of athletes are woven together to make a team.
Menzies v Oakwood: requirement for specific agreement to transform retention of client monies into the payment of solicitors’ bills
In Menzies v Oakwood Solicitors [2024] UKSC 34, the Supreme Court considered the meaning of payment for the purposes of section 70(4) of the Solicitors Act 1974 (SA 1974). That question has considerable importance because of the limitation periods within SA 1974: Where a client has paid their solicitors’ bill before an application for an assessment is made, they must demonstrate the existence of special circumstances for an assessment to be ordered.
Practico Podcast With Martyn Griffiths
To print this article, all you need is to be registered or login on Mondaq.com. Following a brief but inescapable update on the fallout from PACCAR, Practico takes a deeper dive into the growing trend for challenges to solicitors' bills by their clients. The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
Costs In 2024: Common Assessment Issues (Video)
UK: Costs In 2024: Common Assessment Issues (Video) 13 February 2024 Gatehouse Chambers To print this article, all you need is to be registered or login on Mondaq.com. Common assessment issues With Robin Dunne and Martyn Griffiths Watch a recording of the seminar below. The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances. POPULAR ARTICLES ON: Law Department Performance from UK
Third Party Assessments: A Door Re-Opened? (Video)
UK: Third Party Assessments: A Door Re-Opened? (Video) 13 February 2024 Gatehouse Chambers To print this article, all you need is to be registered or login on Mondaq.com. Third party assessments: A door re-opened? With Martyn Griffiths Watch a recording of the seminar below. The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances. POPULAR ARTICLES ON: Litigation, Mediation & Arbitration from UK
Severance Denied: Diag Human v Volterra Fietta [2023] EWCA Civ 1107; A Potential Public Policy Warning for Litigation Funders
Home > Severance Denied: Diag Human v Volterra Fietta [2023] EWCA Civ 1107; A Potential Public Policy Warning for Litigation Funders The Court of Appeal has held that the severance of terms rendering a CFA unenforceable was not available to solicitors on public policy grounds and that consequently their clients were entitled to the return of sums paid on account.
The Big Short(fall): The Assessment Of Deductions From Protected Parties' Damages
Post-LASPO there has been an increase in solicitors seeking a deduction from their client's damages in respect of the shortfall between their fees and the amount recovered from a defendant in inter partes costs proceedings. The expansion of the fixed costs regime means that there is likely to be a further increase in this practise. Where the client is a protected party, such recovery needs the approval of the Court.
The Big Short(Fall): the assessment of deductions from protected parties’ damages
Post-LASPO there has been an increase in solicitors seeking a deduction from their client’s damages in respect of the shortfall between their fees and the amount recovered from a defendant in inter partes costs proceedings. The expansion of the fixed costs regime means that there is likely to be a further increase in this practise. Where the client is a protected party, such recovery needs the approval of the Court.
Wasted Costs: Procedure And Substance. When, Why And How Will The Court Make An Order Against A Legal Representative (Video)
Martyn Griffiths and Priya Gopal discuss the Court's approach to wasted costs orders under s.51 of the Senior Courts Act. They highlight the procedural pitfalls for the unwary, as well as addressing the substantive matters that the Court must be persuaded of to make an order against a party's lawyers. They comment on the overlap with principles in freestanding professional negligence claims and the implications that this has when considering an application. Watch a recording of the webinar below.
Severance Denied: Diag Human v Volterra Fietta [2023] EWCA Civ 1107; A Potential Public Policy Warning For Litigation Funders
The Court of Appeal has held that the severance of terms rendering a CFA unenforceable was not available to solicitors on public policy grounds and that consequently their clients were entitled to the return of sums paid on account.
Tightening The Purse Strings: The Extension Of The FRC Regime (Video)
The extension of the Fixed Recoverable Costs (FRC) regime is the biggest amendment to the CPR since the Jackson reforms a decade ago. They will have major implications for access to justice, the economics of civil litigation for parties, and the strategic battlefield which litigators will operate within. In this seminar, out speakers discussed the changes to the rules, their implications for litigants, and they will highlight some potential pitfalls for the unwary. Watch the recording below.
Martyn Griffiths Successful In Striking Out A Claim For A Solicitors Act Assessment Heard By Costs Judge Rowley
Martyn Griffiths has been successful in striking out a claim for a Solicitors Act assessment heard by Costs Judge Rowley. Martyn was instructed for the successful Defendant by Ged Courtney of Kain Knight. The judgment makes interesting reading for four reasons: The distinction drawn by the Judge between the formalities required of a statute bill under s.69 and s.70 of the Act respectively.
International Men's Day: Parental Leave – Is The Approach Of Men In Barristers' Chambers Changing? - Corporate/Commercial Law - UK
UK: International Men's Day: Parental Leave – Is The Approach Of Men In Barristers' Chambers Changing? 24 November 2021 by James Hall , Paul Strelitz , Martyn Griffiths , Simon Kerry , Charles Raffin and Louis Zvesper Gatehouse Chambers To print this article, all you need is to be registered or login on Mondaq.com. When tasked with writing an article to mark International Men's Day 2021, I confess that I initially struggled for a topic.
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