Litigation/Dispute Resolution
DBA client admits allegations against law firm were to get out of paying
A client who went to the Court of Appeal to challenge the damages-based agreement she signed has admitted she alleged impropriety against her solicitors purely to escape payment.
“Reprehensible” clients ordered to pay ex-solicitors indemnity costs
The Court of Appeal has awarded indemnity costs against a couple who owe their former solicitors over £3m in outstanding legal fees and were committed to prison last year.
Courts send different messages to lawyers over witness statements
The strengthened rules on witness statements should not be used as a “weapon with which to fillet” essentially insignificant failures to comply, a High Court judge has said.
First VW emissions group claim settles for £193m plus costs
The Volkswagen NOx emissions group litigation settled yesterday for £193m – some £2,120 for each of the 91,000 claimants, but more like £3,000 when costs and other fees are added.
Paper-only small claims pilot “likely to do injustice” to litigants
A pilot scheme that will see small claims cases determined on the paper in six county courts from next month is “likely to do injustice” to litigants, an academic has argued. Dr Kate Leader, senior lecturer at York University, said… Read More
Survey: Public think badly of law firms with Russian clients
UK law firms are risking their public reputation by working with Russian litigants, the largest group of international users of the Commercial Court in the last year, new research has warned.
Commercial Court judges express frustration at parties’ excesses
Two Commercial Court judges have expressed annoyance with parties for taking unnecessary points, with one imposing a costs penalty in line with recent guidance.
Barrister given green light to pursue outstanding fees claim
The High Court has rejected an Italian law firm’s bid to stay a barrister’s claim for outstanding fees because of an action it took against him in its home country.
Identity of person instructing solicitors not covered by privilege
The High Court has rejected a company’s claim to litigation privilege over the identity of who instructed its lawyers, with the judge setting out a two-part test on what was a novel point.
PI firms face more deduction claims after Checkmylegalfees court win
Millions of former clients of personal injury firms may have claims to recover deductions following a High Court ruling today, according to specialist claims business Checkmylegalfees.
MPs see lawyers clash over need for action to curb SLAPPs
Leading libel lawyers have given very different opinions to the justice committee on what the government should do to control SLAPPs (strategic lawsuits against public participation).
Commercial Court “actively looking” to hear cases outside London
The judge in charge of the Commercial Court has said she is “actively looking” for cases that can be heard outside of London – cases should be tried where they can best be heard for that dispute.
Government puts back fixed costs extension by six months
The Ministry of Justice has put back by six months to April 2023 the extension of fixed recoverable costs across the fast-track and in most money cases worth up to £100,000.
Appeal court deprecates “act of deliberate concealment” by party
Civil litigation should be conducted “with cards on the table – face up” and the courts should not “sanction an act of deliberate concealment” by one of the parties, appeal judges have ruled.
Court of Appeal backs decision to make collective action opt-out
The difficulty of people signing up to a collective action and the availability of third-party funding were legitimate factors to take into account in making it opt-out, the Court of Appeal has ruled.