Litigation/Dispute Resolution
Evaluation of flexible court hours stresses need to get lawyers onboard
Flexible operating hours can make it easier for people to access civil and family justice, but there needs to a lot more work to bring solicitors and barristers on board, research has said.
High Court warns uncooperative parties against “litigation warfare”
A High Court judge has warned against “litigation warfare” as he pleaded with the parties in a construction dispute to co-operate in the face of spiralling costs.
Court of Appeal revives “unmanageable” £5bn class action
A decision to strike out an “unmanageable” £5bn group action brought by 200,000 claimants over a dam collapse in Brazil can be appealed, the Court of Appeal has decided.
MPs urge complete overhaul of both civil and criminal legal aid
MPs have called for an extension of the court duty solicitor scheme for housing possession cases to other areas of civil justice where there are “significant numbers” of litigants in person.
Fears about using judicial data to predict judges’ actions “exaggerated”
Access to judicial data should be made easier to increase public trust, while fears it will be used to create accurate predictions of what judges will do are overblown, a seminar heard last week.
Call for law to enforce undertakings given by incorporated law firms
Parliament should extend the courts’ supervisory jurisdiction over solicitors’ undertakings to cover those given by incorporated law firms, particularly LLPs, the Supreme Court said today.
Supreme Court upholds six-year non-compete clause signed by law firm
A non-compete undertaking given by one law firm to another ahead of them working together was reasonable and not a restraint of trade, the Supreme Court ruled today.
Negligence action against lawyers over amputation not time-barred
A man who received “devastating news” that his lower leg needed to be amputated seven years after settling his PI claim is not prevented by limitation from suing his lawyers for negligence.
CA grants innocent partners limitation defence in huge law firm fraud
Two innocent partners of a solicitor jailed for a multi-million-pound theft from their firm’s client account can rely on a limitation defence after being sued for the losses caused, the Court of Appeal has ruled.
High Court refuses to let law firm take place of deceased claimant
A High Court judge has rejected an application by a law firm to substitute itself for a deceased claimant, on the grounds that it would be a form of champerty.
Blog
Accountability has to live within governance, not with one person
The assumption has long been that a COLP or COFA is personally exposed to the consequences of anti-money laundering breaches.
The SRA’s client money reforms: good intentions, questionable execution
On the face of it, the SRA’s plans to tighten protections around client money sounds sensible. The detail, as ever, tells a more complicated story.
Recruitment, retention and reward in the legal accounts world
Understanding the legal finance market is important – not just for those actively involved in it day-to-day but also for leaders within law firms.
