Litigation/Dispute Resolution


CA: Lawyers can be cross-examined in wasted costs applications

12 November 2021

Judges have the power to direct cross-examination of a lawyer against whom a wasted costs order is sought, but it should be “very much the exception”, the Court of Appeal said yesterday.


Vos unveils group to help steer civil justice system into the future

11 November 2021

The Master of the Rolls has named legal futurist Professor Richard Susskind as chair of a new high-powered group tasked with drawing a road-map for the civil justice system through the 2020s.


Supreme Court strikes down £3bn Google data protection claim

10 November 2021

The Supreme Court has blocked a £3bn representative action for misuse of private data by Google that did not seek to prove that consumers had actually suffered any damage.


High Court rejects attempt to block claims against lawyers

8 November 2021

The High Court has refused to make an order to prevent future claims on a law firm’s fees that claimants may argue came from stolen funds.


Trust in English solicitor “no reason to ignore” Scottish appeal routes

8 November 2021

The Court of Appeal has refused to hear an appeal from the Upper Tribunal Tribunal in Glasgow which would have allowed the appellant to keep using his English solicitor.


Toning down the theatrics: Barristers “less aggressive” in remote hearings

5 November 2021

A significant number of expert witnesses who have been appeared in court remotely over the past 18 months say barristers have been “less aggressive” in their cross-examination.


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.

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Blog


You win some, you lose some – class actions post Google

In November, Google received two court rulings, through which it both closed and opened the door to class actions against it. So what do the decisions mean for future class actions?


Clinical negligence, a changing market – part 1

The consolidation of law firms through merger and acquisition has resulted in fewer, but more sophisticated and expert clinical negligence practices.


How to set your law firm up for success in 2022

At this time of year, law firms around the country are busy strategising and implementing plans for the coming 12 months. Forward-planning is a crucial part of a firm’s success, but where to start?


Reports


Report Cover
Our latest special report, produced in association with Temple Legal Protection, looks at the role of after-the-event (ATE) insurance in commercial litigation post-LASPO.