In the landmark case of Serious Fraud Office (SFO) v Eurasian Natural Resources Corporation (ENRC), the Court of Appeal has overturned a controversial High Court decision restricting the application of litigation privilege. Elisabeth Ross considers what this means for practitioners.
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.
Mediation continues to face challenges in its journey from an alternative to mainstream form of dispute resolution, not least being overshadowed by Brexit. Peter Causton rounds up the latest developments.
Jonathan Hayden-Williams reports back from the Civil Mediation Council’s (CMC) annual conference.
In Savings Advice Ltd, Master Howarth found that factual statements as to the amount of costs used in mediations could be used in subsequent assessment proceedings. Does this mean not everything in a mediation stays secret, asks Deborah Burke.
An epidemic of holiday sickness claims has plagued the travel industry over the past couple of years. Stephen Mason examines the impact of new regulations.
Defendant lawyers have told the government that the ban on referral fees in personal injury claims is not working, as part of a wide-ranging response to inform the government’s review of civil litigation funding reforms.
In the second section of our three-part series on how to avoid professional negligence claims, PJ Kirby QC stresses the importance of getting your costs budgeting right.
Dishonesty, want of integrity, professional misconduct and negligence: these concepts form a vexed spectrum of negative conduct characteristics from solicitors and other professionals. Elisabeth Ross looks at recent developments to help disentangle these terms
A European court has ruled that a legal expenses insurer’s terms and conditions were incompatible with the Solvency II Directive, and that the claimant had a free choice of lawyer under a contract of legal expense insurance. Kerry Underwood’s response? Don’t take no for an answer from BTE insurers.
The House of Lords EU Committee has published a report about the effect of Brexit on three EU Regulations which together ‘play an important role in facilitating the daily operation of the European legal system’. Jonathan Haydn-Williams looks at the Committee’s conclusions as to the Brussels I Regulation ‘recast’ relating to civil and commercial matters.