Litigation/Dispute Resolution
Identity of person instructing solicitors not covered by privilege
The High Court has rejected a company’s claim to litigation privilege over the identity of who instructed its lawyers, with the judge setting out a two-part test on what was a novel point.
PI firms face more deduction claims after Checkmylegalfees court win
Millions of former clients of personal injury firms may have claims to recover deductions following a High Court ruling today, according to specialist claims business Checkmylegalfees.
MPs see lawyers clash over need for action to curb SLAPPs
Leading libel lawyers have given very different opinions to the justice committee on what the government should do to control SLAPPs (strategic lawsuits against public participation).
Commercial Court “actively looking” to hear cases outside London
The judge in charge of the Commercial Court has said she is “actively looking” for cases that can be heard outside of London – cases should be tried where they can best be heard for that dispute.
Government puts back fixed costs extension by six months
The Ministry of Justice has put back by six months to April 2023 the extension of fixed recoverable costs across the fast-track and in most money cases worth up to £100,000.
Appeal court deprecates “act of deliberate concealment” by party
Civil litigation should be conducted “with cards on the table – face up” and the courts should not “sanction an act of deliberate concealment” by one of the parties, appeal judges have ruled.
Court of Appeal backs decision to make collective action opt-out
The difficulty of people signing up to a collective action and the availability of third-party funding were legitimate factors to take into account in making it opt-out, the Court of Appeal has ruled.
No retainer between law firm and businessman in £2.5m dispute
There was no express or implied retainer between a law firm and a businessman with a “colourful commercial career” suing it for £2.5m in damages, the High Court has ruled.
Choosing London lawyers “does not guarantee” hearing in capital
The freedom of parties to choose their lawyers should not “transform into an ability to choose a venue”, a High Court judge has said in moving a judicial review hearing from London to Leeds.
Apology appeases court after yet another judgment embargo breach
The High Court has accepted an apology from a party which broke an embargo on a ruling, in the third such case in the space of just two months.
Judge rejects recusal in fees case involving firm that owes him money
A QC has rejected an application recuse himself from sitting as a deputy High Court judge in a case involving a law firm suing for unpaid fees that itself owes him fees.
Judge throws cold water on “insignificant” data breach claims
The burgeoning field of data breach claims has taken a blow with a High Court judge saying the disclosure of a person’s name, gender and date of birth is not serious enough.
MPs lament “missed opportunities” of court reform programme
The Ministry of Justice and courts service have “missed opportunities to swiftly deliver an ambitious court reform programme”, MPs on the justice select committee said today.
Judge could hand down judgment despite settlement
A deputy master could hand down her judgment on a case that had been heard but settled the day before she was due to circulate a draft striking out the claims, the High Court has ruled.
Court slams “reprehensible” firm for trying to shift blame for failings
The senior Queen’s Bench master has strongly criticised a Liverpool law firm over its approach to the Volkswagen emissions case and trying to blame other solicitors for its failings.











