Litigation/Dispute Resolution
Senior judge questions effectiveness of costs sanctions
The deputy head of civil justice has questioned the use of costs sanctions as a way to control litigation behaviour and hinted he would like to see the costs rules simplified.
Burford puts $100m aside to fund litigation run by diverse lawyers
Litigation funder Burford Capital has expanded its initiative to increase diversity in the law by committing $100m (£73m) of dedicated funding to cases led by female or ‘racially diverse’ lawyers.
Judge’s fury at suggestion his clerk leaked draft ruling
A High Court judge has strongly criticised a law firm and its client for appearing to blame his clerk for the leak of a draft judgment – which it turned out had not even happened.
Courts and tribunals to upgrade video technology, Burnett says
A new Video Hearings Service, upgrading the Cloud Video Platform used during Covid, is to be rolled out across courts and tribunals, the Lord Chief Justice has revealed.
CA: Judges do not have to accept unchallenged expert evidence
Judges are not required to accept ‘uncontroverted’ – ie, unchallenged – evidence from an expert witness without further analysis, the Court of Appeal has ruled.
BT collective action ruling “could open the floodgates”
The Competition Appeal Tribunal’s approval of a second opt-out collective action is likely to open the floodgates to more applications, it has been claimed.
‘Negligent’ London firm defeats £12m claim for lack of causation
Leading London law firm Withers has fought off a £12m claim on the basis of causation after the High Court ruled that it gave negligent advice to a property developer.
Solicitor’s error delayed case by a year
A party whose solicitor overlooked for a year the need to seek a consent order from the court to stay a commercial dispute has been granted relief from sanctions.
High Court holds clients in contempt for failing to pay solicitors £2.3m
Two clients who owe their solicitors £2.3m in outstanding fees, costs and interest have been found guilty of 14 charges of contempt of court.
Giving evidence “not a game”, judge tells expert witness
An expert witness has apologised to the High Court after being told by a judge not to treat giving evidence in court “as a game”.
Gateley launches £50m litigation fund as LCM reports “robust” results
Listed law firm Gateley has signed a deal with a US-based litigation funder for a £50m facility to back disputes, while funder LCM has announced “robust” results after a tricky year.
Barrister waived privilege in document by showing it to opposing counsel
Counsel for a defendant in possession proceedings voluntarily disclosed a draft witness statement to her opposing number and in doing so waived privilege, the High Court has ruled.
Susskind: Remote hearings have “opened door slightly” to courts revolution
A year of video hearings does not constitute “a lasting revolution in court service” but it has shown the potential for improving the justice system, Professor Richard Susskind has argued.
Slater & Gordon fails in “full frontal” court attack on Checkmylegalfees
Slater & Gordon has failed in what a costs judge called a “full frontal attack” on the business model of the law firm bringing hundreds of claims over deductions made from the damages of former clients.
Profits soar as listed legal business benefits from litigation investment
RBG Holdings, the AIM-listed company that now owns two law firms, saw profits increase nearly three-fold in the first six months of the year, fuelled by gains from its litigation work.
Blog
The rise of cyber-criminal threat for law firms since Covid-19
The global coronavirus pandemic, and the rise in people working from home, has unfortunately provoked a growth in cyber-crime. The UK government estimates that the cost of cyber-crime is £27bn per annum.
How to ensure your ATE cover is adequate security for costs
When does an after-the-event insurance policy provide adequate security for a defendant’s costs? The short answer is that it very much depends on the wording of the particular policy.
Hybrid working – A rise or fall in future claims?
Official figures showed that, between 2012 and 2017, employees who mainly worked from home were less than half as likely to be promoted than all other workers.
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