Litigation/Dispute Resolution
The driving forces behind the class action revolution: setting the industry in motion
Jen Dickson explores the explosion of class actions in the UK, looking at it from all angles to discuss the key factors that have built the market up to reach record levels of activity
Solicitor’s libel defence struck out for “persistent failure to engage”
A High Court judge has struck out a solicitor’s defence to a libel claim following a “persistent failure to engage” with the litigation.
Law Commission seeks ban on discrimination in appointing arbitrators
Arbitration agreements requiring that the arbitrator be a “commercial man” or otherwise specifying a protected characteristic will be unenforceable under Law Commission proposals published today.
Claimant to pay indemnity costs after latest witness statement failure
The High Court has ordered a claimant who seriously breached the rules on witness statements to pay indemnity costs, having exacerbated the situation by dismissing the defendant’s concerns.
Litigation funder’s share price slumps after adverse High Court ruling
Shares in specialist insolvency litigation funder Manolete Partners slumped by 15% on Friday in the wake of a “rare” adverse High Court ruling and concerns over the wider economy.
Solicitors cannot use lien to block disclosure of file in negligence claim
A law firm being sued by for negligence cannot use its lien over a file for unpaid fees to overcome its obligation to disclose the file to its former client, the High Court has ruled.
Firm had no duty to advise prospective client before CFA was signed
Leading law firm Irwin Mitchell was not under a duty to advise a prospective client to notify their travel agent about an accident on holiday until the retainer was signed, the High Court has ruled.
Time taken to get civil cases to trial reaches all-time high
The time between issue and trial for fast- and multi-track claims has hit 75 weeks, the longest this century, according to government figures published yesterday.
Need for specialist IP solicitors meets new “clear and compelling” costs test
A party that needed specialist intellectual property advice was justified in using lawyers who charged significantly above the guideline hourly rates, the High Court has decided.
Firm fails in bid for injunction to stop use of letter it disclosed in error
The High Court has refused a leading law firm an injunction to stop an opposing party making a use of a document it disclosed by mistake that cast doubt on an expert’s independence.
High Court strikes out LiP’s “vexatious” fraud claim against solicitor
The High Court has struck out a “vexatious” and “abusive” fraud claim by a litigant in person, seeking £160,000 in damages from a solicitor over a 17-year-old property dispute.
SRA set to curb litigators’ use of ‘private and confidential’ letters
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
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
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
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.
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.
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