Litigation/Dispute Resolution
Solicitor found in criminal contempt for “act of colossal stupidity”
A senior City partner who told a client to “burn” a private messaging app after it was served with a search order has been found guilty of criminal contempt of court.
Claim against solicitors was attempt to relitigate private prosecution
A professional negligence claim against a firm of solicitors in the North-East has been thrown out as an attempt to relitigate an unsuccessful private prosecution.
High Court upholds ruling that $3m CFA is unforceable
The High Court has upheld a decision that a law firm which charged its client nearly $3m under an unenforceable conditional fee agreement has to repay the money.
Court criticises leading City firm for major e-disclosure failure
A High Court judge has criticised City law firm Fieldfisher for its failings in overseeing an e-disclosure exercise where 800,000 documents were missed, leading to a trial being adjourned for two years.
Barristers should avoid “supportive” comments after winning cases
Barristers who win cases on behalf of causes they back should avoid making “supportive” comments or risk undermining their independence, the vice-chair of the Bar Council has warned.
Litigation funding “explosion” driving class actions across Europe
The “explosive growth” of litigation funding is behind an increase in class actions across Europe over the past two years, a report by the law firm CMS has argued.
Court of Appeal warns of “perverse incentives” from litigation funding
The Court of Appeal yesterday highlighted the importance of judicial control over costs to ensure that the involvement of third-party litigation funders does not create perverse incentives.
“Trial by internet” – Judges turn to Wikipedia to aid reasoning
Judges are using Wikipedia to research legal issues and allowing it to influence their reasoning, ground-breaking research has discovered.
MoJ aims to extend compulsory mediation to “all county court users”
The Ministry of Justice’s “future ambition” is to extend compulsory mediation from small claims to all county court users and so it has begun considering its role in overseeing the mediation sector.
“Unjustifiably antagonised” lord justice should have recused himself
A lord justice of appeal who became “unjustifiably antagonised” by a defendant’s “persistence” in challenging his decisions should have recused himself, the Court of Appeal has ruled.
MoJ proposes compulsory mediation for claims worth up to £10k
Mediation will be made compulsory for all small claims worth up to £10,000, potentially settling 20,000 cases that would otherwise end up in court, the Ministry of Justice proposed today.
Judge condemns “trench warfare” over witness statements
The rules on witness statements should not be seen as encouragement to identify “as many instances of non-compliance as possible for use in trench warfare”, the High Court has said.
MoJ considers £5,000 costs cap to protect defendants against SLAPPs
The Ministry of Justice has suggested that people defending themselves from strategic lawsuits against public participation (SLAPPs) could be protected by a £5,000 costs cap.
Class action firm scores “largest ever” £100m funding deal
Class action specialist PGMBM has secured funding of £100m from alternative investments firm North Wall Capital, in what is believed to be the largest deal of its kind with a claimant law firm.
ESG key to expanding litigation funding market, says report
The ESG – environment, social and governance – agenda will be the key driver of growth in litigation funding in the UK and continental Europe in the coming years, new research has predicted.
Blog
It’s time for law firms to ask tougher questions
For years, many law firms have treated ID verification as a box-ticking exercise. Run a liveness check, match a face to a document and move on. But that is no longer good enough.
Business fatigue to AI will risk job security
Whilst we know professional learning has always been part of career paths, to hire, retain and keep talent, AI needs to be embedded as a core part of this training.
On good authority? GenAI and the reputational risks to law firms
As GenAI’s influence grows, so do the risks which are already playing out in courtrooms across England and Wales, where some early adopters are setting precedents they would rather not.
