Litigation/Dispute Resolution


High Court: Ex-City solicitor failed to return $25m fund to Saudi princess

8 July 2022

A former City solicitor was wrong not to return to a Saudi princess a $25m fund he had been managing for her over several years, the High Court has ruled.


Defendant DBAs are unlawful, Court of Appeal rules

7 July 2022

An agreement that a defendant will pay their solicitors a percentage of any sums they successfully resist having to pay the claimant is unlawful and unenforceable, the Court of Appeal has ruled.


New litigation funder targets “niche within a niche”

6 July 2022

A litigation funder launched this week with £25m backing from a US private equity firm is targeting what a “niche within a niche” – cases worth up to £1m in the Midlands and the North.


Firm ordered to pay wasted costs over lack of authority to act

5 July 2022

A law firm has been ordered to pay wasted costs of £7,920 for not satisfying itself that the director of a company in deadlock with the other director had the authority to give it instructions.


Litigant in person can sue law centre and barrister for negligence

5 July 2022

A litigant in person is not statute-barred from suing a law centre and barrister for professional negligence, a High Court master has ruled.


Law firm overturns costs bill misconduct ruling

4 July 2022

The rules on misconduct in the CPR do not apply to solicitor/client costs assessments, the High Court has decided in overturning a finding against a Manchester law firm.


CJC begins process for major reform of costs regime

1 July 2022

A rethought costs system that puts digitisation, vulnerable court users and a properly functioning civil justice system is the goal set out in a Civil Justice Council consultation.


Signing CFA “not informed consent” to deduct costs from damages

29 June 2022

A costs judge has ruled that a litigation friend did not give informed consent to deductions from a protected party’s damages simply by signing a conditional fee agreement.


Insolvency cases on the rise after difficult year for litigation funder

27 June 2022

Listed insolvency litigation funder Manolete saw its turnover and profit fall significantly in the last year due to Covid but is now seeing “strong growth in new case enquiries”.


SRA seeks whistleblowing role as part of SLAPPs action

23 June 2022

The Solicitors Regulation Authority is set to make it easier for law firm staff to blow the whistle on their employers, as part of its work on SLAPPs – of which it is investigating more than 20.


Costs lawyers urged to play bigger role in “out of control” market

23 June 2022

The whole profession needs to address “out of control” legal costs, a major new report has concluded, but costs lawyers have a significant role to play in exerting downward pressure on them.


Retainer entitled law firm to £300,000 fee for aborted bond issue

21 June 2022

A small central London law firm has been awarded the £300,000 owed under a retainer which the client had claimed was not payable as the transaction it advised on did not go ahead.


Absolute privilege protects pre-action protocol letters

21 June 2022

Absolute privilege applies to communications within pre-action protocols and protects them from defamation claims, a deputy High Court master has ruled in the first such decision.


Law firms in court dispute over identical web copy

17 June 2022

A Bradford law firm has failed in an application for an order to force a firm in London to reveal who provided it with web copy that was identical to its own.


City law firm “unreasonably” refused offers to mediate negligence claim

17 June 2022

City law firm Charles Russell Speechlys acted unreasonably in refusing to mediate a professional negligence claim that it ultimately lost, the High Court has ruled.

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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.