Litigation/Dispute Resolution


Court of Appeal revives “unmanageable” £5bn class action

28 July 2021

A decision to strike out an “unmanageable” £5bn group action brought by 200,000 claimants over a dam collapse in Brazil can be appealed, the Court of Appeal has decided.


MPs urge complete overhaul of both civil and criminal legal aid

27 July 2021

MPs have called for an extension of the court duty solicitor scheme for housing possession cases to other areas of civil justice where there are “significant numbers” of litigants in person.


Fears about using judicial data to predict judges’ actions “exaggerated”

26 July 2021

Access to judicial data should be made easier to increase public trust, while fears it will be used to create accurate predictions of what judges will do are overblown, a seminar heard last week.


Call for law to enforce undertakings given by incorporated law firms

23 July 2021

Parliament should extend the courts’ supervisory jurisdiction over solicitors’ undertakings to cover those given by incorporated law firms, particularly LLPs, the Supreme Court said today.


Supreme Court upholds six-year non-compete clause signed by law firm

23 July 2021

A non-compete undertaking given by one law firm to another ahead of them working together was reasonable and not a restraint of trade, the Supreme Court ruled today.


Negligence action against lawyers over amputation not time-barred

21 July 2021

A man who received “devastating news” that his lower leg needed to be amputated seven years after settling his PI claim is not prevented by limitation from suing his lawyers for negligence.


CA grants innocent partners limitation defence in huge law firm fraud

20 July 2021

Two innocent partners of a solicitor jailed for a multi-million-pound theft from their firm’s client account can rely on a limitation defence after being sued for the losses caused, the Court of Appeal has ruled.


High Court refuses to let law firm take place of deceased claimant

20 July 2021

A High Court judge has rejected an application by a law firm to substitute itself for a deceased claimant, on the grounds that it would be a form of champerty.


LSB pushes for greater take-up of legal expenses insurance

14 July 2021

Consumers who do not have legal expenses insurance greatly overestimate how expensive it is and are missing out on its potential to fill some justice gaps, research has argued.


Mediators warn against compulsory ADR “on the cheap”

14 July 2021

The Civil Mediation Council has warned against the idea that compulsory alternative dispute resolution needs to be “cheap or free”, particularly in lower-value cases.


Compulsory ADR is lawful, says Civil Justice Council group

12 July 2021

Any form of compulsory ADR which is “not disproportionately onerous and does not foreclose the parties’ effective access to the court” is lawful, an expert group has concluded.


Court scolds QC but decides against referring him to BSB

9 July 2021

A QC who misused the urgent applications procedure for a Brexit-related judicial review has been ticked off by the Divisional Court but escaped being referred to the Bar Standards Board.


Lord Chief Justice makes direct plea to Buckland for more court cash

8 July 2021

The Lord Chief Justice yesterday made a direct plea to the Lord Chancellor for more investment in the courts system, citing insufficient judges and staff and inadequate buildings and technology.


Court refuses to block potential claim against solicitors over fees

6 July 2021

The High Court has refused to issue an order to prevent a collapsed company’s investors from trying in the future to reclaim the legal fees paid by its boss in defending him from their civil claim.


CA upholds privilege claim to information extracted from solicitor “by deception”

6 July 2021

The Court of Appeal has upheld a decision that correspondence between solicitors a judge found involved “an element of deception” as to its real purpose was covered by litigation privilege.

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