Litigation/Dispute Resolution


Negligence action against lawyers over amputation not time-barred

21 July 2021

A man who received “devastating news” that his lower leg needed to be amputated seven years after settling his PI claim is not prevented by limitation from suing his lawyers for negligence.


CA grants innocent partners limitation defence in huge law firm fraud

20 July 2021

Two innocent partners of a solicitor jailed for a multi-million-pound theft from their firm’s client account can rely on a limitation defence after being sued for the losses caused, the Court of Appeal has ruled.


High Court refuses to let law firm take place of deceased claimant

20 July 2021

A High Court judge has rejected an application by a law firm to substitute itself for a deceased claimant, on the grounds that it would be a form of champerty.


LSB pushes for greater take-up of legal expenses insurance

14 July 2021

Consumers who do not have legal expenses insurance greatly overestimate how expensive it is and are missing out on its potential to fill some justice gaps, research has argued.


Mediators warn against compulsory ADR “on the cheap”

14 July 2021

The Civil Mediation Council has warned against the idea that compulsory alternative dispute resolution needs to be “cheap or free”, particularly in lower-value cases.


Compulsory ADR is lawful, says Civil Justice Council group

12 July 2021

Any form of compulsory ADR which is “not disproportionately onerous and does not foreclose the parties’ effective access to the court” is lawful, an expert group has concluded.


Court scolds QC but decides against referring him to BSB

9 July 2021

A QC who misused the urgent applications procedure for a Brexit-related judicial review has been ticked off by the Divisional Court but escaped being referred to the Bar Standards Board.


Lord Chief Justice makes direct plea to Buckland for more court cash

8 July 2021

The Lord Chief Justice yesterday made a direct plea to the Lord Chancellor for more investment in the courts system, citing insufficient judges and staff and inadequate buildings and technology.


Court refuses to block potential claim against solicitors over fees

6 July 2021

The High Court has refused to issue an order to prevent a collapsed company’s investors from trying in the future to reclaim the legal fees paid by its boss in defending him from their civil claim.


CA upholds privilege claim to information extracted from solicitor “by deception”

6 July 2021

The Court of Appeal has upheld a decision that correspondence between solicitors a judge found involved “an element of deception” as to its real purpose was covered by litigation privilege.


Judge’s surprise at firm’s failure to ensure “basic compliance” with CPR

29 June 2021

A High Court judge has expressed her surprise at a London law firm’s failure to ensure “basic levels of compliance” with the Civil Procedure Rules by a client and its experts.


In-house lawyers and litigators launch separate green initiatives

29 June 2021

In-house lawyers and litigators have launched separate environmental initiatives to push for, respectively, “real change” in their organisations and smaller carbon footprints.


Judge criticises plan for witnesses to give unsupervised evidence from home

28 June 2021

The High Court has criticised parties that agreed without seeking permission that witnesses in a remote hearing would give evidence from their own homes unsupervised.


Firm self-reports to SRA over court recording breach

25 June 2021

A London law firm has escaped judicial punishment after reporting itself to the SRA after a transcriber it hired recorded remote court proceedings without the judge’s permission.


Digital courts take next step forward with damages claims pilot

18 June 2021

HM Courts & Tribunals Service has launched a pilot scheme that allows lawyers to manage and progress the initial stages of certain civil damages claims online.

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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.