Litigation/Dispute Resolution


SRA set to curb litigators’ use of ‘private and confidential’ letters

24 August 2022

The Solicitors Regulation Authority is to issue guidance on when litigators are allowed to label letters as ‘private and confidential’ and/or ‘without prejudice’.


Court throws out £1.3m claim against City firm over service failure

24 August 2022

The High Court has thrown out a negligence claim for almost £1.3m served on a City law firm after the time limit for service had expired.


Barrister’s witness statement transcription tool trained in legal English

23 August 2022

The first transcription tool specifically designed for witness statements has been launched this summer, after the AI was trained to cope with legal language such as “my learned friend”.


Multi-billion-pound class actions target video games and cryptocurrency

23 August 2022

Two giant opt-out actions have been filed at the Competition Appeal Tribunal, claiming billions of pounds in damages on behalf of users of Sony PlayStation video games and cryptocurrency investors.


Sunak pledges crackdown on JR “lawfare” and “judicial recidivism”

22 August 2022

Conservative leadership candidate Rishi Sunak yesterday pledged to crack down on “lawfare” and “judicial recidivism” with a focus on standing to bring judicial reviews.


Post Office inquiry chair urges higher legal fees for compensation advice

16 August 2022

It is “essential” that sub-postmasters claiming on one of the compensation schemes following the Horizon scandal can recover their legal costs, the chair of the Post Office scandal enquiry said yesterday.


Scottish court: Injured woman cannot recover English solicitors’ costs

15 August 2022

A Scottish woman injured in a car accident in France who sued the motorist’s insurer in Scotland acted unreasonably in instructing English solicitors, the Scottish High Court has ruled.


Vodafone becomes first client to join Greener Litigation movement

12 August 2022

Vodafone has become the first client to sign up to Greener Litigation, joining law firms, chambers and others in committing to reduce the environmental impact of dispute resolution.


Court of Appeal: No implied duty of good faith in solicitor’s retainer

9 August 2022

There is no implied duty of good faith in a solicitor’s retainer, the Court of Appeal has ruled in rejecting an appeal by a law firm trying to recover £3m in fees from a former client.


Claim against law firm lost by court still thrown out for late service

8 August 2022

The High Court has upheld a decision to throw out a negligence claim against a law firm because it was served too late – even though the court had actually lost the claim.


Judge overrides Essex firm’s objections to move case to Leeds

8 August 2022

The liaison judge for the Administrative Court in the north has rejected an appeal from an Essex law firm that said it was not “convenient” for a case to be transferred from London to Leeds.


Solicitor found in criminal contempt for “act of colossal stupidity”

4 August 2022

A senior City partner who told a client to “burn” a private messaging app after it was served with a search order has been found guilty of criminal contempt of court.


Claim against solicitors was attempt to relitigate private prosecution

3 August 2022

A professional negligence claim against a firm of solicitors in the North-East has been thrown out as an attempt to relitigate an unsuccessful private prosecution.


High Court upholds ruling that $3m CFA is unforceable

2 August 2022

The High Court has upheld a decision that a law firm which charged its client nearly $3m under an unenforceable conditional fee agreement has to repay the money.


Court criticises leading City firm for major e-disclosure failure

1 August 2022

A High Court judge has criticised City law firm Fieldfisher for its failings in overseeing an e-disclosure exercise where 800,000 documents were missed, leading to a trial being adjourned for two years.

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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.