Litigation/Dispute Resolution


Firm’s error gave sex offender access to child’s confidential data

31 March 2022

National law firm BLM has won a claim against a convicted sex offender it accidentally gave access to a vulnerable child’s confidential information and who then asked for money to delete it.


Choose your submissions wisely, says judge in time-estimate warning

31 March 2022

The judge in charge of the Commercial Court has complained again about inadequate time estimates, telling advocates they cannot ask judges to read authorities after the hearing as a shortcut.


“Vested interests” of solicitors holding back ADR, government told

30 March 2022

Solicitors’ “vested interests in pursuing lengthy litigation” are holding back the take-up of ADR, the government has been told. Their “adversarial language” was also viewed as aggravating tensions.


Partner celebrated “huge victory” by accidentally breaking CA embargo

24 March 2022

A partner who celebrated a “huge jurisdictional victory” with a WhatsApp message which broke a Court of Appeal embargo has apologised to the court.


Vos: People with small claims want speed more than justice

21 March 2022

People with small claims care more about resolving their disputes quickly than whether the outcome is the right one, the Master of the Rolls has claimed.


Bott urges solicitors to put all defendants on notice of equitable lien

18 March 2022

Litigators should now put defendants on notice at the start of any matter that they will enforce an equitable lien if necessary, the senior partner of Bott & Co has advised.


Government puts focus on SRA over solicitors handling SLAPPs

18 March 2022

Addressing so-called SLAPPs is “a behavioural issue requiring regulatory interventions” against lawyers as much as using legislation, the government has said.


Judge condemns “clearest breach” of witness statement rules

17 March 2022

A High Court judge has condemned the “clearest case of failure to comply” with the new practice direction on witness statements that he had seen since it came into force last April.


Supreme Court upholds solicitors’ lien in ‘uncontested’ cases

16 March 2022

A law firm handling uncontested flight delay claims did have an equitable lien over the compensation, the Supreme Court has ruled, overturning the Court of Appeal.


Tax QC fights off £40m negligence claim over film financing schemes

9 March 2022

The High Court has dismissed a £40m negligence claim against a leading tax barrister over advice he provided on three film financing schemes.


Solicitors and expert’s “serious trangressions” see evidence thrown out

8 March 2022

A High Court master has revoked permission for the claimants in a group action to rely on an expert’s evidence because of “serious transgressions” by him and the group’s solicitors.


Scottish law firm can be sued for negligence in England

4 March 2022

A Scottish law firm, which has no offices south of the border, has failed in a jurisdiction challenge to halt a negligence claim over advice a solicitor gave over a Cornish wind farm project.


A&O’s multi-strand strategy to improve diversity of barristers it uses

4 March 2022

Broadening the exposure of its solicitors to new barristers, to avoid them just instructing the same counsel, is among the initiatives Allen & Overy is using to improve the diversity of those it instructs.


Two major representative actions discontinued in wake of Google ruling

25 February 2022

Two major representative actions over alleged data breaches have been discontinued in the wake of last year’s Supreme Court ruling in Lloyd v Google, it has emerged.


Witness tried to give remote evidence while driving a van

25 February 2022

A witness who tried to give evidence by video, first in a van and then in a busy office, shows what can go wrong with remote hearings, a judge has warned.

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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.