Litigation/Dispute Resolution
Sunak pledges crackdown on JR “lawfare” and “judicial recidivism”
Conservative leadership candidate Rishi Sunak yesterday pledged to crack down on “lawfare” and “judicial recidivism” with a focus on standing to bring judicial reviews.
Post Office inquiry chair urges higher legal fees for compensation advice
It is “essential” that sub-postmasters claiming on one of the compensation schemes following the Horizon scandal can recover their legal costs, the chair of the Post Office scandal enquiry said yesterday.
Scottish court: Injured woman cannot recover English solicitors’ costs
A Scottish woman injured in a car accident in France who sued the motorist’s insurer in Scotland acted unreasonably in instructing English solicitors, the Scottish High Court has ruled.
Vodafone becomes first client to join Greener Litigation movement
Vodafone has become the first client to sign up to Greener Litigation, joining law firms, chambers and others in committing to reduce the environmental impact of dispute resolution.
Court of Appeal: No implied duty of good faith in solicitor’s retainer
There is no implied duty of good faith in a solicitor’s retainer, the Court of Appeal has ruled in rejecting an appeal by a law firm trying to recover £3m in fees from a former client.
Claim against law firm lost by court still thrown out for late service
The High Court has upheld a decision to throw out a negligence claim against a law firm because it was served too late – even though the court had actually lost the claim.
Judge overrides Essex firm’s objections to move case to Leeds
The liaison judge for the Administrative Court in the north has rejected an appeal from an Essex law firm that said it was not “convenient” for a case to be transferred from London to Leeds.
Solicitor found in criminal contempt for “act of colossal stupidity”
A senior City partner who told a client to “burn” a private messaging app after it was served with a search order has been found guilty of criminal contempt of court.
Claim against solicitors was attempt to relitigate private prosecution
A professional negligence claim against a firm of solicitors in the North-East has been thrown out as an attempt to relitigate an unsuccessful private prosecution.
High Court upholds ruling that $3m CFA is unforceable
The High Court has upheld a decision that a law firm which charged its client nearly $3m under an unenforceable conditional fee agreement has to repay the money.
Court criticises leading City firm for major e-disclosure failure
A High Court judge has criticised City law firm Fieldfisher for its failings in overseeing an e-disclosure exercise where 800,000 documents were missed, leading to a trial being adjourned for two years.
Barristers should avoid “supportive” comments after winning cases
Barristers who win cases on behalf of causes they back should avoid making “supportive” comments or risk undermining their independence, the vice-chair of the Bar Council has warned.
Litigation funding “explosion” driving class actions across Europe
The “explosive growth” of litigation funding is behind an increase in class actions across Europe over the past two years, a report by the law firm CMS has argued.
Court of Appeal warns of “perverse incentives” from litigation funding
The Court of Appeal yesterday highlighted the importance of judicial control over costs to ensure that the involvement of third-party litigation funders does not create perverse incentives.
“Trial by internet” – Judges turn to Wikipedia to aid reasoning
Judges are using Wikipedia to research legal issues and allowing it to influence their reasoning, ground-breaking research has discovered.
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.
Reports
Associates
