Litigation/Dispute Resolution


High Court denies rights of audience to disbarred barrister

27 October 2022

The High Court has denied rights of audience to a disbarred barrister jailed for a bomb hoax at the London Olympics, which would have allowed him to represent a prisoner in habeas corpus proceedings.


Top US trial lawyer teams up with barristers to target group actions

19 October 2022

Two barristers have joined forces with a top American civil trial lawyer to launch a group action law firm that aims to replicate his success in the US over here.


Senior Costs Judge: Break the link between case and costs management

10 October 2022

Case and costs management should be separated, and costs judges tasked with setting the budget and also summarily assessing incurred costs, the Senior Costs Judge has suggested.


City solicitor avoids jail after criminal contempt finding

7 October 2022

A senior City partner who told a client to “burn” a private messaging app after it was served with a search order has avoided jail for criminal contempt of court, in part because of the impact on his career.


The driving forces behind the class action revolution: setting the industry in motion

29 September 2022

Jen Dickson explores the explosion of class actions in the UK, looking at it from all angles to discuss the key factors that have built the market up to reach record levels of activity


Solicitor’s libel defence struck out for “persistent failure to engage”

27 September 2022

A High Court judge has struck out a solicitor’s defence to a libel claim following a “persistent failure to engage” with the litigation.


Law Commission seeks ban on discrimination in appointing arbitrators

22 September 2022

Arbitration agreements requiring that the arbitrator be a “commercial man” or otherwise specifying a protected characteristic will be unenforceable under Law Commission proposals published today.


Claimant to pay indemnity costs after latest witness statement failure

21 September 2022

The High Court has ordered a claimant who seriously breached the rules on witness statements to pay indemnity costs, having exacerbated the situation by dismissing the defendant’s concerns.


Litigation funder’s share price slumps after adverse High Court ruling

12 September 2022

Shares in specialist insolvency litigation funder Manolete Partners slumped by 15% on Friday in the wake of a “rare” adverse High Court ruling and concerns over the wider economy.


Solicitors cannot use lien to block disclosure of file in negligence claim

6 September 2022

A law firm being sued by for negligence cannot use its lien over a file for unpaid fees to overcome its obligation to disclose the file to its former client, the High Court has ruled.


Firm had no duty to advise prospective client before CFA was signed

6 September 2022

Leading law firm Irwin Mitchell was not under a duty to advise a prospective client to notify their travel agent about an accident on holiday until the retainer was signed, the High Court has ruled.


Time taken to get civil cases to trial reaches all-time high

2 September 2022

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


Need for specialist IP solicitors meets new “clear and compelling” costs test

31 August 2022

A party that needed specialist intellectual property advice was justified in using lawyers who charged significantly above the guideline hourly rates, the High Court has decided.


Firm fails in bid for injunction to stop use of letter it disclosed in error

26 August 2022

The High Court has refused a leading law firm an injunction to stop an opposing party making a use of a document it disclosed by mistake that cast doubt on an expert’s independence.


High Court strikes out LiP’s “vexatious” fraud claim against solicitor

25 August 2022

The High Court has struck out a “vexatious” and “abusive” fraud claim by a litigant in person, seeking £160,000 in damages from a solicitor over a 17-year-old property dispute.

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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.