Litigation/Dispute Resolution
Claim against solicitors was attempt to relitigate private prosecution
A professional negligence claim against a firm of solicitors in the North-East has been thrown out as an attempt to relitigate an unsuccessful private prosecution.
High Court upholds ruling that $3m CFA is unforceable
The High Court has upheld a decision that a law firm which charged its client nearly $3m under an unenforceable conditional fee agreement has to repay the money.
Court criticises leading City firm for major e-disclosure failure
A High Court judge has criticised City law firm Fieldfisher for its failings in overseeing an e-disclosure exercise where 800,000 documents were missed, leading to a trial being adjourned for two years.
Barristers should avoid “supportive” comments after winning cases
Barristers who win cases on behalf of causes they back should avoid making “supportive” comments or risk undermining their independence, the vice-chair of the Bar Council has warned.
Litigation funding “explosion” driving class actions across Europe
The “explosive growth” of litigation funding is behind an increase in class actions across Europe over the past two years, a report by the law firm CMS has argued.
Court of Appeal warns of “perverse incentives” from litigation funding
The Court of Appeal yesterday highlighted the importance of judicial control over costs to ensure that the involvement of third-party litigation funders does not create perverse incentives.
“Trial by internet” – Judges turn to Wikipedia to aid reasoning
Judges are using Wikipedia to research legal issues and allowing it to influence their reasoning, ground-breaking research has discovered.
MoJ aims to extend compulsory mediation to “all county court users”
The Ministry of Justice’s “future ambition” is to extend compulsory mediation from small claims to all county court users and so it has begun considering its role in overseeing the mediation sector.
“Unjustifiably antagonised” lord justice should have recused himself
A lord justice of appeal who became “unjustifiably antagonised” by a defendant’s “persistence” in challenging his decisions should have recused himself, the Court of Appeal has ruled.
MoJ proposes compulsory mediation for claims worth up to £10k
Mediation will be made compulsory for all small claims worth up to £10,000, potentially settling 20,000 cases that would otherwise end up in court, the Ministry of Justice proposed today.










