Litigation/Dispute Resolution
“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.
Judge penalises claimant for “unrealistic” costs budget
A judge has penalised a claimant for submitting an “unrealistic” costs budget, saying he hoped it would encourage parties to negotiate them before reaching court.
Arbitration Bill aims to retain pre-eminence of England and Wales
The Ministry of Justice yesterday published the Arbitration Bill, including a new statutory duty on arbitrators to disclose anything which might give rise to “justifiable doubts” about their impartiality.
High Court criticises firm for private prosecution disclosure failure
The High Court has criticised a leading private prosecutions law firm for the information it provided to persuade a judge to issue summonses alleging fraud against three people.
Judge acts to enforce deal between squabbling law firm owners
The High Court has made cross-examination and disclosure orders to enforce a consent order made in the wake of a nine-year dispute between solicitors over the winding down of their law firm.
Guideline hourly rates to rise in January as Vos implements CJC review
The Master of the Rolls today publicly accepted the recommendations of the Civil Justice Council’s costs review, starting with an increase in the guideline hourly rates in January.
High Court laments “wholly unacceptable” last-minute adjournment
A Commercial Court judge has blamed a claimant “in large part” for the “wholly unacceptable” last-minute adjournment of their case after he had begun pre-reading for it.
Government plan to address PACCAR “does not go far enough”
Lawyers and litigation funders have expressed disappointment at the government’s legislative proposal to address the Supreme Court’s PACCAR ruling.
High Court rejects GLO after law firm’s “wholesale failure”
The High Court has rejected an application by Welsh firm Hugh James for a group litigation order in the face of objections from 18 other law firms.
Blog
Why good governance matters when managing Law Society forms
Everyday legal transactions rely on Law Society forms. But they are often treated as static templates rather than what they really are: living documents that change over time.
A letter from the SRA? Your first reaction matters
An email from the SRA has a way of rearranging a working day. It arrives in the same inbox as everything else, often in the same measured tone, yet it carries a different weight.
Regulate sole practices on evidence, not turnover
For a sole practice, the SRA’s plan that I cannot hold a compliance role if my firm has more than £600,000 of turnover is not a measure of risk. It is a ceiling on growth.
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