Litigation/Dispute Resolution
Toning down the theatrics: Barristers “less aggressive” in remote hearings
A significant number of expert witnesses who have been appeared in court remotely over the past 18 months say barristers have been “less aggressive” in their cross-examination.
Civil justice system “in desperate need of modernisation”
The civil justice system and some areas of the law in England and Wales are “in desperate need of modernisation”, a report by the Social Market Foundation has found.
Solicitor and legal regulator heads latest class action
A solicitor and chief executive of one of the legal profession’s regulators is leading the latest opt-out collective action, which is being brought against price comparison website ComparetheMarket.
AI-powered bots could resolve simple disputes, says MR
Online bots powered by artificial intelligence will be one way simple disputes are resolved in the future, the Master of the Rolls predicted last week.
Court allows part of negligence claim against firm to go to trial
A law firm now part of consolidator Metamorph Law has been only partially successful in striking out a claim over how it advised a client on his clinical negligence case.
Judge bemoans public authorities’ “dispiriting” approach to costs
A judge has described as “dispiriting” how much money is spent by public authorities arguing about costs while not making sensible part 36 offers.
City firm reports itself to SRA over unauthorised court recordings
City firm Simmons & Simmons has apologised to the High Court and referred itself to the SRA after the court transcribers it used took unauthorised audio recordings of eight hearings.
LiP who said he could not hear solicitor succeeds in judicial review
An elderly litigant in person who said he could not hear a local authority solicitor at a hearing relating to unpaid council tax has succeeded in his judicial review of the decision.
Senior judge questions effectiveness of costs sanctions
The deputy head of civil justice has questioned the use of costs sanctions as a way to control litigation behaviour and hinted he would like to see the costs rules simplified.
Burford puts $100m aside to fund litigation run by diverse lawyers
Litigation funder Burford Capital has expanded its initiative to increase diversity in the law by committing $100m (£73m) of dedicated funding to cases led by female or ‘racially diverse’ lawyers.
Judge’s fury at suggestion his clerk leaked draft ruling
A High Court judge has strongly criticised a law firm and its client for appearing to blame his clerk for the leak of a draft judgment – which it turned out had not even happened.
Courts and tribunals to upgrade video technology, Burnett says
A new Video Hearings Service, upgrading the Cloud Video Platform used during Covid, is to be rolled out across courts and tribunals, the Lord Chief Justice has revealed.
CA: Judges do not have to accept unchallenged expert evidence
Judges are not required to accept ‘uncontroverted’ – ie, unchallenged – evidence from an expert witness without further analysis, the Court of Appeal has ruled.
BT collective action ruling “could open the floodgates”
The Competition Appeal Tribunal’s approval of a second opt-out collective action is likely to open the floodgates to more applications, it has been claimed.
‘Negligent’ London firm defeats £12m claim for lack of causation
Leading London law firm Withers has fought off a £12m claim on the basis of causation after the High Court ruled that it gave negligent advice to a property developer.
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
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