Litigation/Dispute Resolution
Judge right to consider “mystery” of who was funding law firm
A judge who had “no information at all” as to how the defence of a dormant law firm was being funded was right not to ignore the issue, appeal judges have ruled.
Expert witnesses “prefer preparing in-person for virtual hearings”
Expert witnesses prefer to travel to prepare themselves for a trial in person with their legal teams even when the trial itself is to be conducted remotely, a report has found.
Law firm and funder win fees claim after terminating retainer
A law firm and a litigation funder were entitled to end their retainers with a couple suing their former solicitors and should have their costs of £75,000, the High Court has ruled.
QC arbitrators in Man City case were not “beholden” to Premier League
The High Court has rejected a claim by Manchester City football club that there was apparent bias on the part of three QCs sitting on a Premier League arbitration panel.
Judge warns parties to expect sanctions for incorrect e-bundles
Judges’ patience with parties that fail to prepare electronic bundles with consistent page numbering is over and they can expect sanctions, the High Court has warned.
Major study proposes ODR to handle small business debt cases
An online dispute resolution platform would help solve the problem of late payment debt by providing SMEs with a quick and cheap alternative to traditional lawyer-based solutions.
Bar Council and judiciary to take action on bullying from the bench
The Bar Council recently met with the senior judiciary in a bid to ensure there are proper consequences for judges who bully barristers. It dismissed any notion young lawyers were being ‘snowflakes’.
Appeal judges reject “binary” approach to negligence claim
The Court of Appeal has rejected as “too binary” the approach taken by a High Court judge when striking out a negligence claim against lawyers over their former client’s capacity to litigate.
Government promises “integrated online dispute resolution”
More “innovative technologies” and an “integrated online dispute resolution process” have been promised by the Ministry of Justice in a fresh bid to reduce the amount of litigation.
Court to tackle law firm’s authority to act in Nigerian oil spill case
The question of whether listed law firm Rosenblatt has authority to act for 27,380 claimants and 479 communities taking action against Shell “must be grappled with”, the High Court judge ruled.
Civil Justice Council pushes ahead with guideline hourly rates changes
The Civil Justice Council working group charged with reviewing the guideline hourly rates has doubled down on its interim recommendations following consultation.
Evaluation of flexible court hours stresses need to get lawyers onboard
Flexible operating hours can make it easier for people to access civil and family justice, but there needs to a lot more work to bring solicitors and barristers on board, research has said.
High Court warns uncooperative parties against “litigation warfare”
A High Court judge has warned against “litigation warfare” as he pleaded with the parties in a construction dispute to co-operate in the face of spiralling costs.
Court of Appeal revives “unmanageable” £5bn class action
A decision to strike out an “unmanageable” £5bn group action brought by 200,000 claimants over a dam collapse in Brazil can be appealed, the Court of Appeal has decided.
MPs urge complete overhaul of both civil and criminal legal aid
MPs have called for an extension of the court duty solicitor scheme for housing possession cases to other areas of civil justice where there are “significant numbers” of litigants in person.
Blog
It’s time for law firms to ask tougher questions
For years, many law firms have treated ID verification as a box-ticking exercise. Run a liveness check, match a face to a document and move on. But that is no longer good enough.
Business fatigue to AI will risk job security
Whilst we know professional learning has always been part of career paths, to hire, retain and keep talent, AI needs to be embedded as a core part of this training.
On good authority? GenAI and the reputational risks to law firms
As GenAI’s influence grows, so do the risks which are already playing out in courtrooms across England and Wales, where some early adopters are setting precedents they would rather not.
