Litigation/Dispute Resolution
“Structure contracts” to avoid need for litigation to resolve disputes
Contracts should routinely include “structured” methods to avoid the need for litigation – including escalation clauses – if disputes arise, a former senior in-house lawyer has advised.
CJC: Costs budgeting has worked but needs to be more tailored
Costs budgeting has been a success and should be retained, but also reformed in recognition that “one size does not necessarily fit all”, a major report has recommended today.
Law firm ordered to pay £12m for negligence in insolvency claim
National law firm TLT has been ordered to pay around £12.5m in damages for breach of contract and professional negligence over the way it handled an insolvency claim.
Claim rejected due to £24 underpayment of court fee
A judge was right to hold that he did not have jurisdiction to allow a claim to proceed out of time where the claimants underpaid the court fee by £24, the High Court has ruled.
Party using freezing order as “means of oppression”, High Court says
A High Court judge has condemned a claimant’s “oppressive and disproportionate” approach to enforcing a defendant’s obligations under a freezing order.
Loss adjuster launches “faster, more integrated” ABS
The largest loss adjuster in the UK has launched an ABS which plans to double in size by the end of this year and expand from property-related claims to personal injury work.
City law firm accused of “untenable” Post Office conflict of interest
Herbert Smith Freehills was yesterday accused of being in an “untenable” conflict of interest with its continued role in the Post Office scandal compensation schemes.
MoJ wants “exponential increase” in dispute resolution tools
The Ministry of Justice wants to see an “exponential increase” in dispute resolution tools like the Official Injury Claims portal, its director of access to justice policy said yesterday.
Supreme Court to put documents online in transparency push
The Supreme Court is to publish court documents online alongside live streaming of its hearings in a bid to improve transparency, Lord Briggs has revealed.
Profits up at listed law firm as it looks to sell litigation funding arm
Listed business RBG Holdings is in the process of selling its third-party litigation funding subsidiary, LionFish, it confirmed yesterday, while unveiling good results for 2022.
HMRC official apologises for judgment embargo breach
A senior policy officer at HMRC who made a “full and frank apology” has avoided prosecution for contempt after breaching the embargo on a High Court judgment.
AI to revolutionise work of both lawyers and judges, says MR
AI is set to change the way lawyers and judges work, the Master of the Rolls said last week, predicting it will be used to take some – “at first, very minor” – judicial decisions.
Civil litigators get first sight of new fixed costs rules
The Civil Procedure Rule Committee yesterday published the draft rules that will govern the extension of fixed recoverable costs from October.
Firm ordered to pay wasted costs for “inexplicable” error
A law firm which started proceedings when its client did not have standing to bring them has been ordered to pay wasted costs because it failed to check this.
Court upholds injunction to protect solicitor from abuse
The High Court has upheld an injunction designed to protect a solicitor told to “mind your own fucking business, you little twat” when visiting a contested right of way from further abuse.











