Litigation/Dispute Resolution
Class action firm allowed to terminate retainer, leaving 183 LiPs behind
The High Court has approved class action firm PGMBM terminating a retainer that leaves 183 litigants to continue their battle for compensation alone.
Collective redress lawyers join forces amid calls for reform
Calls for long- and short-term reform to the group action regime yesterday marked the launch of the Collective Redress Lawyers Association, as a tribunal refused to certify two opt-out actions.
Mind the gap – Economic duress of lawful act
On 18 August 2021, in Pakistan International Airline Corporation v Times Travel (UK) Ltd (Appellant) [2021] UKSC, the Supreme Court unanimously held that economic (or lawful act) duress does exist under English law.
Firm’s error gave sex offender access to child’s confidential data
National law firm BLM has won a claim against a convicted sex offender it accidentally gave access to a vulnerable child’s confidential information and who then asked for money to delete it.
Choose your submissions wisely, says judge in time-estimate warning
The judge in charge of the Commercial Court has complained again about inadequate time estimates, telling advocates they cannot ask judges to read authorities after the hearing as a shortcut.
“Vested interests” of solicitors holding back ADR, government told
Solicitors’ “vested interests in pursuing lengthy litigation” are holding back the take-up of ADR, the government has been told. Their “adversarial language” was also viewed as aggravating tensions.
Partner celebrated “huge victory” by accidentally breaking CA embargo
A partner who celebrated a “huge jurisdictional victory” with a WhatsApp message which broke a Court of Appeal embargo has apologised to the court.
Vos: People with small claims want speed more than justice
People with small claims care more about resolving their disputes quickly than whether the outcome is the right one, the Master of the Rolls has claimed.
Bott urges solicitors to put all defendants on notice of equitable lien
Litigators should now put defendants on notice at the start of any matter that they will enforce an equitable lien if necessary, the senior partner of Bott & Co has advised.
Government puts focus on SRA over solicitors handling SLAPPs
Addressing so-called SLAPPs is “a behavioural issue requiring regulatory interventions” against lawyers as much as using legislation, the government has said.
Judge condemns “clearest breach” of witness statement rules
A High Court judge has condemned the “clearest case of failure to comply” with the new practice direction on witness statements that he had seen since it came into force last April.
Supreme Court upholds solicitors’ lien in ‘uncontested’ cases
A law firm handling uncontested flight delay claims did have an equitable lien over the compensation, the Supreme Court has ruled, overturning the Court of Appeal.
Tax QC fights off £40m negligence claim over film financing schemes
The High Court has dismissed a £40m negligence claim against a leading tax barrister over advice he provided on three film financing schemes.
Solicitors and expert’s “serious trangressions” see evidence thrown out
A High Court master has revoked permission for the claimants in a group action to rely on an expert’s evidence because of “serious transgressions” by him and the group’s solicitors.
Scottish law firm can be sued for negligence in England
A Scottish law firm, which has no offices south of the border, has failed in a jurisdiction challenge to halt a negligence claim over advice a solicitor gave over a Cornish wind farm project.
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.
