Litigation/Dispute Resolution
Government offers hope of full PACCAR solution in the future
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
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
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
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
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
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
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’
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
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
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
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
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
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
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
The Competition Appeal Tribunal has approved a litigation funding agreement that was amended to take account of the Supreme Court ruling in PACCAR.










