Litigation/Dispute Resolution


Courts send different messages to lawyers over witness statements

27 May 2022

The strengthened rules on witness statements should not be used as a “weapon with which to fillet” essentially insignificant failures to comply, a High Court judge has said.


First VW emissions group claim settles for £193m plus costs

26 May 2022

The Volkswagen NOx emissions group litigation settled yesterday for £193m – some £2,120 for each of the 91,000 claimants, but more like £3,000 when costs and other fees are added.


Paper-only small claims pilot “likely to do injustice” to litigants

24 May 2022

A pilot scheme that will see small claims cases determined on the paper in six county courts from next month is “likely to do injustice” to litigants, an academic has argued. Dr Kate Leader, senior lecturer at York University, said… Read More


Survey: Public think badly of law firms with Russian clients

20 May 2022

UK law firms are risking their public reputation by working with Russian litigants, the largest group of international users of the Commercial Court in the last year, new research has warned.


Commercial Court judges express frustration at parties’ excesses

16 May 2022

Two Commercial Court judges have expressed annoyance with parties for taking unnecessary points, with one imposing a costs penalty in line with recent guidance.


Barrister given green light to pursue outstanding fees claim

16 May 2022

The High Court has rejected an Italian law firm’s bid to stay a barrister’s claim for outstanding fees because of an action it took against him in its home country.


Identity of person instructing solicitors not covered by privilege

16 May 2022

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

11 May 2022

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

11 May 2022

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

11 May 2022

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

10 May 2022

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

10 May 2022

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

9 May 2022

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

6 May 2022

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

5 May 2022

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.

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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.