Litigation/Dispute Resolution


Government promises “integrated online dispute resolution”

4 August 2021

More “innovative technologies” and an “integrated online dispute resolution process” have been promised by the Ministry of Justice in a fresh bid to reduce the amount of litigation.


Court to tackle law firm’s authority to act in Nigerian oil spill case

3 August 2021

The question of whether listed law firm Rosenblatt has authority to act for 27,380 claimants and 479 communities taking action against Shell “must be grappled with”, the High Court judge ruled.


Civil Justice Council pushes ahead with guideline hourly rates changes

2 August 2021

The Civil Justice Council working group charged with reviewing the guideline hourly rates has doubled down on its interim recommendations following consultation.


Evaluation of flexible court hours stresses need to get lawyers onboard

2 August 2021

Flexible operating hours can make it easier for people to access civil and family justice, but there needs to a lot more work to bring solicitors and barristers on board, research has said.


High Court warns uncooperative parties against “litigation warfare”

30 July 2021

A High Court judge has warned against “litigation warfare” as he pleaded with the parties in a construction dispute to co-operate in the face of spiralling costs.


Court of Appeal revives “unmanageable” £5bn class action

28 July 2021

A decision to strike out an “unmanageable” £5bn group action brought by 200,000 claimants over a dam collapse in Brazil can be appealed, the Court of Appeal has decided.


MPs urge complete overhaul of both civil and criminal legal aid

27 July 2021

MPs have called for an extension of the court duty solicitor scheme for housing possession cases to other areas of civil justice where there are “significant numbers” of litigants in person.


Fears about using judicial data to predict judges’ actions “exaggerated”

26 July 2021

Access to judicial data should be made easier to increase public trust, while fears it will be used to create accurate predictions of what judges will do are overblown, a seminar heard last week.


Call for law to enforce undertakings given by incorporated law firms

23 July 2021

Parliament should extend the courts’ supervisory jurisdiction over solicitors’ undertakings to cover those given by incorporated law firms, particularly LLPs, the Supreme Court said today.


Supreme Court upholds six-year non-compete clause signed by law firm

23 July 2021

A non-compete undertaking given by one law firm to another ahead of them working together was reasonable and not a restraint of trade, the Supreme Court ruled today.


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.

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Blog


Assessing partner profits – changes afoot

The way in which partnership profits are assessed is set to change with the introduction of Making Tax Digital, and the intention is that the basis period will change.


Another nail in the coffin of solicitors’ undertakings?

Every solicitor knows that an undertaking is serious stuff. Arguably it is the greatest power available to a solicitor – a promise, if broken, that will lead to immediate and serious consequences for the giver.


Litigators reap the benefits of technology adoption

The coronavirus pandemic has plunged many litigators head-first into a new world of digital case management, and virtual and hybrid hearings.