Litigation/Dispute Resolution
Huge delays persist in taking civil court claims to trial
Delays in cases going through the civil courts reduced slightly in the second quarter of 2021, but it still takes 49 weeks to get a small claim from issue to trial and 71 weeks for larger claims.
MoJ: “Strong justification” for increasing 129 court fees
There is “strong justification” for increasing 129 court fees by inflation, backdated to 2016, the Ministry of Justice has said.
Judge warns over ‘risk-free’ litigation under DBA backed by insurance
The High Court has warned about the potential unfairness to defendants facing a claimant operating ‘risk-free’ under a damages-based agreement and backed by after-the-event insurance.
Data breach ruling “could stem” tide of claims
A High Court ruling on a low-value data breach claim may stop claimants recovering after-the-event insurance premiums in cases involving cyber-attacks, reducing their viability.
High Court uses new guideline rates ahead of formal introduction
The new guideline hourly rates will not formally come into force until 1 October but the High Court yesterday took them into account when dealing with a summary assessment.
Costs judge rejects “regrettable” overcharging allegations
A judge has rejected claims by the wife of a convicted Kazakh businessman that she was overcharged by a London law firm for her asylum application.
Restrictions would “weaken rule of law”, third-party funders tell UN
The international body for third-party funders has told UNCITRAL that restricting the funding of treaty-based investor-state arbitrations would weaken the rule of law.
Tribunal finally grants first ever collective proceedings order
The Competition Appeal Tribunal yesterday granted the first ever collective proceedings order, allowing the £14bn Mastercard opt-out class action to go forward at last.
MR approves new guideline hourly rates but plans further review
The Master of the Rolls, Sir Geoffrey Vos, has approved the new guideline hourly rates while ordering a further review that will take into account changing working practices.
Judge right to consider “mystery” of who was funding law firm
A judge who had “no information at all” as to how the defence of a dormant law firm was being funded was right not to ignore the issue, appeal judges have ruled.










