Litigation/Dispute Resolution


Judge inappropriately interrupted cross-examination, CA rules

17 February 2023

A judge who interrupted a claimant 52 times during cross-examination acted inappropriately, the Court of Appeal has held. It accepted he was trying to help the claimant.


New funder for public interest cases which “clarify the law”

16 February 2023

A new initiative launching next month aims to provide a stream of funding for public interest cases which “clarify the law” and are unsuitable for crowdfunding.


High Court rejects client’s bid to escape £417k payment to City firm

10 February 2023

The High Court has rejected the appeal of a former client of a leading City law firm against a decision that he has to pay its outstanding fees of £417,000.


Wikipedia information “undermining quality of judgments”

8 February 2023

The widespread use of online source Wikipedia by senior judges could mean fake information spreading, leading to bad judgments, research has warned.


Mediators ready for compulsion as caseload tops pre-Covid level

7 February 2023

The number of civil mediations has hit 17,000 a year, 3% higher than the pre-pandemic level, while mediators are ready and willing for mediation to become compulsory for sub-£10,000 cases.


Supreme Court refuses to hear two cases on solicitors’ rights

6 February 2023

The Supreme Court has let down both the profession and clients by refusing to hear two cases on solicitors’ rights brought by a specialist London law firm, its managing partner has argued.


Court can enter judgment in favour of sanctioned Russian party

1 February 2023

The UK sanctions regime does not block the courts from entering judgments in favour of a party on the sanctions list, the High Court has ruled.


Law firm can get “need-to-know” designation for Mozambique disclosure

26 January 2023

A City firm’s solicitors can be given “need-to-know” designation under the law of Mozambique to assist with disclosure in a $2bn Commercial Court claim.


A quarter of listed cases not published by National Archives

24 January 2023

The National Archives, which took over as the immediate online publisher of senior court judgments last year, failed to publish judgments in over a quarter of cases in its first three months.


High Court rejects committal applications against City partners

24 January 2023

A High Court judge has struck out a Russian businessman’s committal applications against two City law firm partners, describing them as “totally without merit”.


Court rejects contempt bid over solicitor’s witness statement error

23 January 2023

The High Court has rejected an application to begin contempt proceedings against a solicitor over what it said was a simple error in a witness statement.


Court orders judge’s recusal due to “business association” with defendant

23 January 2023

The High Court has ruled that a circuit judge should not hear any more of a claim against HSBC because his own relationship with the bank raised the risk of apparent bias.


Law firm did not breach contract by releasing off-plan deposits

19 January 2023

A law firm which released nearly £1.3m in deposits for off-plan flats in a failed development in Liverpool did not breach its contract with the buyers, appeal judges have ruled.


Ministry of Justice to launch call for evidence on open justice

17 January 2023

The Ministry of Justice is to launch a “wide-ranging” call for evidence on open justice, access to information and transparency across the courts and tribunals.


Bank’s solicitor “may have owed duty of care” to third party

16 January 2023

A bank’s solicitor may owe a duty of care to the seller of the property when filling in Land Registry paperwork to change the register, the Court of Appeal has ruled.

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Blog


Is clients’ use of AI destroying legal privilege?

Much has been written about the risks of lawyers misusing AI. However, in my view, the greater challenge lies elsewhere: the routine use of AI by clients themselves.


Does the Lloyd review mark the end of the Legal Services Act?

The Legal Services Board often generates eye-rolls and irritation from the leaders of the frontline regulators it oversees and of the representative bodies attached to them.


A familiar story?

There is no doubt that the rising cost of clinical negligence claims deserves attention. However, the system’s true cost driver is often not the claim itself.