Litigation/Dispute Resolution
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.
Platform aims to help smaller law firms “democratise” group actions
Group actions will no longer be the preserve of a few large claimant firms, according to the founders of an online platform whose development was supported by the SRA’s Legal Access Challenge.
High Court strikes out “fanciful” allegations against law firm and QC
The High Court has struck out “inherently fanciful” allegations made by a former City partner against, among others, another former City partner, a law firm and a QC.
PI costs ruling could have “significant” impact on settled cases
A Court of Appeal ruling that the wording of a settlement of a personal injury claim supplanted fixed costs could have “significant” implications, including for cases that have already settled.
“No claim is unmanageable”: Court of Appeal reinstates huge group action
The Court of Appeal has reinstated a £5bn claim that a High Court judge struck out because it risked becoming “the largest white elephant in the history of group actions”.
High Court: Ex-City solicitor failed to return $25m fund to Saudi princess
A former City solicitor was wrong not to return to a Saudi princess a $25m fund he had been managing for her over several years, the High Court has ruled.
Defendant DBAs are unlawful, Court of Appeal rules
An agreement that a defendant will pay their solicitors a percentage of any sums they successfully resist having to pay the claimant is unlawful and unenforceable, the Court of Appeal has ruled.
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.
