A derivative claim allows an aggrieved shareholder to use the company’s name and funds to pursue directors for breaches of fiduciary duty. Kerry Underwood explains the process and considers relevant case law in this important area, focusing on the impact on charities.
The 95th and 96th updates to the Civil Procedure Rules (CPR) recently came into force. Cait Sweeney looks at the headline changes.
The Supreme Court has ruled against treating a litigant in person as a special case and says the rules as they stand must apply equally to all parties.
Kerry Underwood looks at where we stand with part 36 in light of recent judgments and Lord Justice Jackson’s proposals on fixed recoverable costs.
Law Society policy adviser Alice Owen and Section committee members James Perry and Raj Rai were invited to a demonstration of a prototype of the online court last month. Here, they explain what they saw - and why there is still much work to be done.
Nerys Thomas looks at new guidance to practitioners about changes to CPR 61 (admiralty claims) and the expectations of the admiralty courts in collisions claims in which electronic track data is available.
The 88th update to the Civil Procedure Rules (SI 2017/95) makes several important changes which will all come into force by 6 April. Cait Sweeney looks at the pivotal developments.
Does Lord Justice Briggs’ digital vision truly appreciate the needs of users with a disability, asks Richard Schaverien.
Changes in funding and the abolition of legal aid are causing well-publicised problems in relation to representation – or the lack of it – in court. Coupled with the significant increase in litigants in person (LiPs), they are dramatically slowing down the courts system. Kerry Underwood explains why he is so concerned about the rise of non-traditional representation arrangements.
The Woolf and Jackson reforms have failed and the cost of litigation has rocketed, says David Abraham. Here, he outlines his vision for a streamlined litigation system in light of Lord Justice Jackson’s call for fixed fees to apply to all claims up to £250k.