Updates & Insights: The Latest from Denovo Legal Costs Experts
In the recent case of Ruhumatally v The State of Mauritius & Anor (JCPC 2020.0027), the Judicial Committee of the Privy Council (JCPC) addressed a contentious issue regarding the recoverability of costs under a “no win no fee” arrangement that was made abroad, but for contentious work principally carried out in London. The case was unusual in that it saw and the application of jurisdictional rules in costs recovery proceedings.
Some of you may recall that the Civil Justice Council (CJC) extended the deadline for submissions to its high-profile review of the litigation funding sector, to 3 March 2024. Despite the extension, the advisory body confirmed that the final report will still be published this summer, as originally planned. The extension was intended to allow for greater engagement with stakeholders, rather than being prompted by any significant developments affecting the review or the litigation funding market.
In Reeves v Frain & McKinnon [2025] EWHC 185 (SCCO) Costs Judge Brown considered whether two DBAs complied with the statutory requirements.
Background
This case concerned the enforceability of Damages-Based Agreements (DBAs) entered into by the Second and Fourth Defendants with LLP Solicitors in contested probate proceedings relating to an estate valued at £100 million.
This was the issue HHJ Karen Walden-Smith considered in Zavorotnii v Malinowski & Others [2025] EWHC 260 (KB).
Background: The case arose from a road traffic accident on 31 March 2018, in which the claimant, Mr Leon Zavorotnii, sustained severe injuries while a passenger in a vehicle driven by the defendant, Mr Lucasz Malinowski. The vehicle collided with a stationary HGV parked without lights. Mr Malinowski pleaded guilty to driving without due care and attention, while a Mr Nikolov admitted to leaving the HGV unlit overnight. The claimant, who suffered life-altering injuries, brought a personal injury claim against Mr Malinowski, who in turn sought contribution from Mr Nikolov and his insurer, the National Farmers Union Mutual Insurance Society Limited (NFU).
Introduction
The recent judgment in Smith v AXA Insurance UK Plc & Spectra Drive Limited, delivered by His Honour Judge Mark Gargan, has overturned a controversial non-party costs order against the claims management company, Spectra. The decision provides further guidance on the circumstances in which such orders can be made and reinforces the principle that non-party costs orders remain exceptional in legal proceedings.
In Lawrence & Ors v Associated Newspapers Limited ([2025] EWHC 106 (KB)), Senior Master Cook addressed cost management concerns during a two-day Costs and Case Management Conference (CCMC). The litigation involves seven claimants, including prominent public figures such as Prince Harry, Sir Elton John, and Baroness Lawrence, alleging misuse of private information and, in one instance, breach of confidence against Associated Newspapers Limited. A trial spanning nine weeks is scheduled for January 2026, with litigation costs projected to exceed £38.8 million.
🌈 It was inspiring to see the legal sector so well-represented at the Rainbow Honours awards -...
🌈 DeNovo | Legal Costs Experts are honored to announce our sponsorship of the Musician of the Year...
Diversity Network Awards A most enjoyable evening at the inaugural Diversity Network Awards Awards hosted by...
A fabulous night at the British Diversity Awards 2024 Denovo legal services were in attendance at...
Wonderful night at fundraiser for Kate Osborne MP Denovo attended a fundraiser for Kate Osborne MP...
A fabulous evening at the European Diversity Awards 2023 A fabulous evening at the European...
Summer drinks event with Baker & McKenzie. A great evening in fabulous surroundings
European Diversity Awards 2023 - Celebrating Diversity & Inclusion Denovo Legal Services is...
European Diversity Awards 2022 The Denovo Legal Service Marketing Campaign of the Year Award was...
European Diversity Awards 2021 We are proud to announce that we will be sponsoring the European...
British Diversity Awards 2022 We are proud to announce that we will be sponsoring the British...
TBOL Rainbow Honours 2022 A memorable evening at the Bank of London Rainbow Honours awards last week....
Afqar Dean is a leading legal costs specialist with over 30 years’ experience advising on high-value and complex disputes across multiple jurisdictions, including England and Wales, the Dubai International Financial Centre, Jersey, and British Overseas Territories.
He has acted on some of the UK’s most significant commercial litigation cases, representing and advising an extraordinary range of clients — from multinational corporations and major law firms to high-profile individuals, including political figures, members of royal families, sports stars, and entertainers.
Afqar’s expertise covers all aspects of contentious costs, including costs budgeting, assessments, solicitor–client disputes, professional negligence claims, and costs issues in international arbitration. He is also highly experienced in auditing legal costs, ensuring compliance, accuracy, and financial transparency for clients.
Among the first practitioners to qualify as a regulated Costs Lawyer, Afqar holds full rights of audience in costs proceedings. He is also a training provider, delivering bespoke seminars and education programmes for law firms and legal teams. A strong advocate for diversity and social mobility within the profession, Afqar is committed to widening access and opportunity in legal practice.
Education/admissions
Afqar is involved in the firm's diversity initiatives and a keen advocate for social mobility and opportunities for all.
Afqar was amongst the first in our profession become a regulated Costs Lawyer. He enjoys rights of audience in relation all costs proceedings.
Afqar is also an accredited training provider.
Michael Heslin is a Costs Draftsman with over 25 years’ experience acting in some of the most substantial and complex costs disputes in the UK. He co-founded DeNovo in 2004 and has since built it into one of the country’s leading independent costs consultancies, trusted by top UK and international law firms, insurers, and private clients.
Michael has personally prepared or defended more than 100 multi-million-pound costs claims, including several of the largest to come before the Senior Courts Costs Office. His experience spans high-value commercial litigation, intellectual property disputes, clinical negligence claims, and solicitor-client assessments. Notable projects include preparing Kuwait Airways’ £40M+ costs claim following the longest-running case in the history of the Commercial Courts, major pharma and telecoms patent litigation costs cases involving household-name multinationals, and acting in the Excalibur Ventures case — which included a landmark decision on costs and litigation funding.
Alongside his fee-earning practice, Michael has extensive management and mentoring experience. At DeNovo he has trained and led teams of costs lawyers and consultants, overseeing projects of prodigious scale. He has also provided seminars and training to leading law firms, blogged extensively on developments in costs law, and acted as an expert witness in costs litigation
Michael’s academic credentials are exceptional within the profession. He holds an LL.B (Hons), an LL.M (Distinction) focused on commercial litigation, and a PhD in Law from the University of East Anglia, awarded in 2024 for a thesis on responsibility theory and enterprise liability. He is also currently undertaking further postgraduate study in Competition and Regulatory Policy at the internationally renowned Centre for Competition Policy, reflecting his ongoing commitment to advanced legal and policy research.
Clients value Michael for his combination of technical precision, strategic insight, and clear communication. Whether working on behalf of paying or receiving parties, he brings authority, creativity, and a results-driven approach to the resolution of costs disputes.
Experience and notable cases
Kuwait Airways Corporation (KAC) –v- Iraqi Airways Company (IAC) – Following the longest running commercial case in the history of the English courts I prepared KAC’s massive costs claim, one the largest ever to reach the doors of the Senior Courts Costs Office. Legal costs claim of >£40M.
Pharma patent litigation – I was instructed by a leading global law firm on behalf of the successful parties in patent infringement and revocation proceedings involving some of the world’s largest pharmaceutical companies. Legal costs claim of >£5M.
Telecoms patent litigation – I was instructed by a top tier specialist firm of patent litigators to prepare various complex costs statements following trials and appeals involving some of the world’s largest technology corporations. Legal costs claim of >£10M.
High-profile costs claim following failed £100M civil recovery proceedings – instructed by a market leading international litigation team acting for a foreign citizen whose worldwide assets were subject of a civil recovery claim brought by the National Crime Agency (NCA). My team and I prepared a number of high value interrelated claims for costs on behalf of the successful party . Legal costs claim of >£5M.
Excalibur Ventures v Texas Keystone – The case generated several decisions of wider importance in the legal costs field (relating to security for costs, indemnity costs, and the availability of a non-party costs order against professional funders – a point on which the Association of Litigation Funders also intervened). I prepared the successful party's costs breakdowns and provided witness statements in support of its security for costs applications. Following the conclusion of the substantive litigation I prepared the defendant’s £20M> costs breakdown.
Challenge to remuneration and expenses of joint administrators – instructed by a market leading international litigation team: I was instructed to prepare a detailed challenge to the charges of a global financial consultancy and their advisers (including two high-profile international law firms), in connection with the administration of a UK energy supplier. The application for assessment of fees and expenses of >£5M under the Insolvency Act 1986 was the first significant challenge of its kind in 20 years.
Education
LLB (Hons) – University of London (1994)
LLM (Distinction) – University of East Anglia (2018)
PhD (law) - University of East Anglia (2024)
Professional and research interests: Costs law and practice, litigation funding, responsibility theory, vicarious liability, products liability, litigation practice, philosophical foundations of tort law. My doctoral thesis examined relationships between (pre-moral, pre-legal) outcome responsibility and strict tortious obligations of repair. Time permitting, future research output will address aspects of costs law and practice, third party litigation funding, as well as approaches to responsibility for harm caused by intelligent products (for ‘algorithmic accidents’).