Litigation/Dispute Resolution


Government offers hope of full PACCAR solution in the future

15 December 2023

The government has acknowledged concerns that its legislative proposal to address the Supreme Court’s PACCAR ruling does not go far enough – but further change is not imminent.


Generative AI could be useful “secondary tool”, judges told

13 December 2023

Generative AI could be a “potentially useful secondary tool” for judges to use in the course of their work, according to new guidance from the senior judiciary.


Birss: Data standards can deliver “transformative” civil justice change

12 December 2023

The deputy head of civil justice has called for a “standards first” approach to digitisation, enabling those involved in a dispute to arrive “at any point” in the system.


CAT “wrong” to identify ban on defendants contacting claimants directly

11 December 2023

The Competition Appeal Tribunal was wrong to identify a rule that prevents defendants communicating directly with members of an opt-out class action, the Court of Appeal has ruled.


Time for small claims to reach trial hits all-time high

11 December 2023

The average time from issue to trial on the small claims track hit an all-time high in the last quarter, with litigants having to wait an average of 55.6 weeks.


Litigant unwittingly put fake cases generated by AI before tribunal

7 December 2023

Nine authorities put before a tribunal by a litigant in person challenging a penalty from HMRC were fakes generated by an artificial intelligence system like ChatGPT, a judge has ruled.


Let AI help manage cases, says president of Supreme Court

7 December 2023

Case management backed by artificial intelligence could make the courts more accessible, the president of the Supreme Court has said.


Court refuses to unfreeze struck-off solicitor’s ‘client account’

4 December 2023

A struck-off solicitor still advising clients on legal matters has failed to obtain an injunction to compel a bank to unfreeze his account over questionable payments he received from abroad.


“A new era of positive change” – intervenors welcome ADR ruling

30 November 2023

The Court of Appeal’s ruling yesterday that judges can order parties to engage in ADR heralds “a new era of positive change”, one of the intervenors in the case has declared.


Supreme Court: “Not fair” to challenge expert evidence only in closing

30 November 2023

It was “not fair” for the defendant in a personal injury claim to only challenge the claimant’s expert evidence during its closing submissions, the Supreme Court ruled yesterday.


Court of Appeal: Judges can order parties to engage in ADR

29 November 2023

Courts can order parties to engage in alternative dispute resolution, so long as it does not restrict their ability to proceed to a judicial hearing, the Court of Appeal ruled today.


Law firms “continue to threaten” journalists despite SRA warnings

29 November 2023

Libel law firms continue to mislead journalists and others that their letters cannot be published and the SRA needs to act, high-profile tax lawyer Dan Neidle said yesterday.


“Shamelessness” of SLAPPs has grown but still no disciplinary action

28 November 2023

The number and “shamelessness” of SLAPPs has grown but there has been no disciplinary action against the lawyers responsible for how they are run, a major conference heard yesterday.


Costs lawyers “bullish” about impact of fixed costs extension

28 November 2023

Costs lawyers have had a good year, with a healthy proportion reporting growth in excess of 10% and many bullish about the impact of more fixed costs, according to their representative body.


Tribunal approves first post-PACCAR litigation funding agreement

24 November 2023

The Competition Appeal Tribunal has approved a litigation funding agreement that was amended to take account of the Supreme Court ruling in PACCAR.

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Blog


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