Litigation/Dispute Resolution
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.
Judge condemns “trench warfare” over witness statements
The rules on witness statements should not be seen as encouragement to identify “as many instances of non-compliance as possible for use in trench warfare”, the High Court has said.
MoJ considers £5,000 costs cap to protect defendants against SLAPPs
The Ministry of Justice has suggested that people defending themselves from strategic lawsuits against public participation (SLAPPs) could be protected by a £5,000 costs cap.
Blog
The trade-off mid-sized firm partners think they’re making
Most of the partners I talk to describe the same tension. They want the firm to run efficiently and hit its numbers, but they also want their people to feel supported, developed and fairly treated.
Communication as the core of client care in conveyancing
How a conveyancer approaches client care – particularly in relation to communication – can be the greatest differentiator for the success of a conveyancing firm.
Why brilliant lawyers sometimes fail
A question that often strikes a chord with partners in law firms is this: why is it that individuals who excel in one role sometimes struggle when promoted into another?
Reports
Associates
