Litigation/Dispute Resolution


Court of Appeal rules against EasyJet again on flight delay claims

28 November 2022

EasyJet’s latest effort to cut out solicitors from flight delay claims has failed, after the Court of Appeal found shortcomings in its automated system.


MoJ delays fixed costs extension again as CJC consults on Belsner impact

18 November 2022

The government has delayed the extension of fixed recoverable costs for most money cases worth up to £100,000 by a further six months to October 2023.


Crowdfunding raises £9.1m for 413 judicial reviews

17 November 2022

Crowdfunding judicial reviews has raised over £9.1m in donations for 413 cases, an academic analysis has revealed. The financial reality of bringing a typical claim was “incredibly burdensome”.


Identity of those instructing solicitors not protected by litigation privilege

15 November 2022

There is no general rule that the identity of those instructing solicitors on behalf of a corporate client is protected by litigation privilege, the Court of Appeal has ruled.


Half of expert witnesses would reject “highly contentious” cases

9 November 2022

Half of expert witnesses would refuse to act in “highly contentious” matters, such as those involving transgender issues, a survey has found.


Birss: Why can’t costs budgets be based on solicitors’ estimates?

8 November 2022

The estimates solicitors are required by their professional rules to give to clients should form the basis of costs budgets, the deputy head of civil justice has argued.


Insurer attitudes forcing more companies to sue for payouts

7 November 2022

Companies are three times more likely to have to sue their insurers for not paying out a claim than they were just five years ago, ground-breaking research has found.


MPs call for single portal for public access to courts

1 November 2022

HMCTS should develop a single digital portal where the public and media can access “full information on court proceedings, court documents and any other relevant information”, MPs said today.


Barrister’s app shuns AI in favour of human collaboration

31 October 2022

A commercial barrister has designed an app designed to involve everybody in a complex case so they can work collaboratively on a single document from start to finish.


Checkmylegalfees comes out fighting after Court of Appeal criticism

28 October 2022

Checkmylegalfees came out fighting yesterday in the wake of the Court of Appeal’s criticism of its business model, pledging to keep on “holding solicitors to account”.


Vos signals end of court challenges to deductions from PI damages

27 October 2022

The possible end of court challenges to solicitors’ deductions from damages and reform of how bills are assessed are the headlines from today’s Court of Appeal ruling in Belsner.


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.

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Blog


Why good governance matters when managing Law Society forms

Everyday legal transactions rely on Law Society forms. But they are often treated as static templates rather than what they really are: living documents that change over time.


A letter from the SRA? Your first reaction matters

An email from the SRA has a way of rearranging a working day. It arrives in the same inbox as everything else, often in the same measured tone, yet it carries a different weight.


Regulate sole practices on evidence, not turnover

For a sole practice, the SRA’s plan that I cannot hold a compliance role if my firm has more than £600,000 of turnover is not a measure of risk. It is a ceiling on growth.