News & Articles
In addition to undertaking advocacy in numerous 'ordinary' detailed assessments, our Dominic Swallow has recently acted in the following interesting or complex matters:
1 - A Technical Challenge to the enforceability of an old "pre-November 2005" Conditional Fee Agreement. The paying party were alleging that a genuine issue in relation to the enforceability of the agreement arose and that the Court should proceed to order disclosure of various documents. Dominic successfully persuaded the Court that no such genuine issue arose and that as such the Court should not embark upon the investigation.
2 - An Appeal in relation to the manner in which a Detailed Assessment had been conducted. Dominic was responaible for drafting the Amended Grounds of Appeal and Skeleton Argument and the Appeal succeeded on all points, with the Circuit Judge finding that the manner in which the case had been dealt with could not be categorised as a "detailed assessment".
3 - Negotiations in relation to a Bill of Costs of almost £500k arising out of proceedings in the Upper Chamber (Lands Tribunal). Dominic successfully achieved a significant saving for the paying party of in excess of 35% - a particular issue related to the recoverability and entitlement of costs incurred by a Litigant in Person Solicitor within the Lands Tribunal, particularly in relation to pre-reference costs.
4 - A challenge to the recoverability of the receiving party's costs, which resulted in a Bill of circa £98,500 (to be assessed on the indemnity basis) being reduced to circa £3,500. Dominic successfully argued, following cross-examination of the receiving party and his Solicitor, that the agreement entered into was an unenforceable conditional fee agreement.
5 - Dominic advised upon and was part of the legal team in the costs claim arising out of what is believed to be the largest single group action to have proceeded within the Upper Tribunal (Lands Chamber).
Our Dominic Swallow has written or co-authored several articles that have appeared within leading legal journals. Below are a selcetion of his recent articles - clicking on the heading will take you to a brief outline of the article as well as a copy.
Interesting Times (or not...)
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