Litigation/Dispute Resolution

Civil justice system “in desperate need of modernisation”

4 November 2021

The civil justice system and some areas of the law in England and Wales are “in desperate need of modernisation”, a report by the Social Market Foundation has found.

Solicitor and legal regulator heads latest class action

2 November 2021

A solicitor and chief executive of one of the legal profession’s regulators is leading the latest opt-out collective action, which is being brought against price comparison website ComparetheMarket.

AI-powered bots could resolve simple disputes, says MR

1 November 2021

Online bots powered by artificial intelligence will be one way simple disputes are resolved in the future, the Master of the Rolls predicted last week.

Court allows part of negligence claim against firm to go to trial

1 November 2021

A law firm now part of consolidator Metamorph Law has been only partially successful in striking out a claim over how it advised a client on his clinical negligence case.

Judge bemoans public authorities’ “dispiriting” approach to costs

29 October 2021

A judge has described as “dispiriting” how much money is spent by public authorities arguing about costs while not making sensible part 36 offers.

City firm reports itself to SRA over unauthorised court recordings

28 October 2021

City firm Simmons & Simmons has apologised to the High Court and referred itself to the SRA after the court transcribers it used took unauthorised audio recordings of eight hearings.

LiP who said he could not hear solicitor succeeds in judicial review

19 October 2021

An elderly litigant in person who said he could not hear a local authority solicitor at a hearing relating to unpaid council tax has succeeded in his judicial review of the decision.

Senior judge questions effectiveness of costs sanctions

15 October 2021

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

14 October 2021

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

11 October 2021

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

11 October 2021

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

8 October 2021

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”

4 October 2021

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

1 October 2021

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

1 October 2021

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.

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