Litigation/Dispute Resolution


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.


Law firm fails in bid to throw out claim assigned to litigation funder

16 January 2023

A law firm being sued for wrongly releasing £2m it held in escrow among other alleged errors has failed in its bid for summary judgment on major elements of the claim.


Class actions focusing on banks and competition law breaches

13 January 2023

The UK’s biggest banks are facing 109 class actions across different jurisdictions, while the value of UK class actions for competition law breaches multiplied more than six fold to over £26bn last year.


Solicitor can sue ex-firm for misuse of private WhatsApp messages

11 January 2023

The High Court has rejected a law firm owner’s attempt to “stifle” a misuse of private information claim by a junior solicitor he dismissed by applying to have her case struck out.


Costs lawyers call for revived remuneration certificate procedure

11 January 2023

The Association of Costs Lawyers has proposed working with the Law Society and Legal Ombudsman to revive a 1990s procedure as an alternative way for clients to challenge smaller solicitors’ bills.


Work done in Scotland does not save law firm from claim in England

6 January 2023

A Scottish law firm with no presence in England can be sued for negligence south of the border over advice given by a dual-qualified solicitor on plans for a Cornish wind farm, the High Court has ruled.


Judge orders law firm in web copy dispute to pay indemnity costs

5 January 2023

A Bradford law firm has been ordered to pay indemnity costs after failing to obtain a court order forcing a rival firm to reveal who provided it with identical website copy.


Judge warns solicitors over witness statement compliance certificates

4 January 2023

The High Court has issued a stark warning to solicitors who sign a certificate of compliance on non-compliant witness statements so their clients can have their day in court.


Supreme Court: Law firm waived equitable lien with new retainer

3 January 2023

A law firm waived its equitable lien when it replaced its original retainer with a fixed-fee agreement (FFA) and deed of charge over the client’s assets, the Supreme Court has ruled.


Non-party condemned by recorder was victim of “unlawful judicial act”

20 December 2022

A non-party to a property dispute, condemned in his absence by a recorder for dishonest conspiracy, was the victim of an “unlawful judicial act” which breached his human rights, the High Court has ruled.


£600k awareness campaign for Mastercard class action goes live

9 December 2022

A £600,000 print and digital advertising campaign to draw public attention to the landmark £17bn Mastercard class action began yesterday.


Listed legal business hints at ditching litigation funding arm after losses

6 December 2022

Shares in RBG Holdings PLC – which owns law firms Rosenblatt and Memery Crystal – dived by 23% yesterday after having to write off £4m because of its litigation funding arm.


Wait time for county court trials reaches new all-time high

6 December 2022

The time between issue and trial for fast- and multi-track claims has now exceeded 75 weeks, the longest this century, according to the latest government figures.


BSB mulls SLAPPs guidance as Zahawi’s solicitors are referred to SRA

5 December 2022

The BSB is considering following the SRA in issuing guidance on SLAPPs. It comes as the solicitors acting for Conservative Party chairman Nadeem Zahawi have been reported under the SRA notice.

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Blog


The SRA and privileged material – this is not the end

All disclosure to the SRA must now exclude privileged material, which will not only hamper investigations but also cause additional work for firms providing disclosure.


Legal Ombudsman fee reforms risk widening the justice gap

Charging firms simply because a complaint moves through the process weakens the present connection between fees and fault. It could also encourage firms to settle for commercial reasons.


Why upfront information could transform home buying

The success of upfront property information will depend on more than simply making the information available.