Litigation/Dispute Resolution

An impecunious defendant seeking to stay an action because they cannot afford legal representation must show they are trying to rectify the situation, a High Court master has said.

The Ministry of Justice yesterday published a two-clause bill to overturn the Supreme Court’s ruling in PACCAR and return certainty to litigation funding agreements.

The case brought by the Post Office against former sub-postmaster Lee Castleton highlights the potential “misalignment” between advocates’ desire to win and a just outcome, academics have argued.

A circuit judge was entitled to make a wasted costs order against a firm of solicitors that failed to translate their client’s statement and pleadings for use at trial, the High Court has ruled.

The Court of Appeal has overturned a significant ruling last year that the costs of a fee-earner’s attendance at rehabilitation case management meetings are irrecoverable.

Regulation may not be answer for the future of the third-party litigation funding market, a former Lord Chief Justice has cautioned ahead of the Civil Justice Council review of the sector.

The High Court has imposed a three-year extended civil restraint order on a former academic who has been pursuing Cloisters Chambers over a reference to him on its website.

A High Court judge has refused to overturn a non-party costs order against a credit hire company, saying the firm “voluntarily assumed the risk” of the claimants turning out to be dishonest.

The Competition Appeal Tribunal has granted permission for another post-PACCAR rewritten litigation funding agreement to go before the Court of Appeal.

The High Court has rejected an attempt to progress a challenge to a major international tax transparency measure where the claimant has refused to identify their litigation funder.