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Civil Litigation Section

Practice Areas

The Civil Litigation Section covers the practice of civil litigation and alternative dispute resolution, including costs, fees and funding, relief from sanctions, disclosure, expert witnesses, and court rules and procedure. We also cover practice management issues for civil litigation firms and departments, from consumer contracts to staffing

legal professional privilege

Legal professional privilege revisited – but not for the last time

25 September 2018

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.

Claim - empty hand gesture

How to make a derivative claimSubscription

15 June 2018

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.

rules written in a book 390x234

95th and 96th CPR updates: what's new?

12 April 2018

The 95th and 96th updates to the Civil Procedure Rules (CPR) recently came into force. Cait Sweeney looks at the headline changes.

All Litigation in Practice

Mediation

Mediation – where do we go now?

14 August 2018Updated: 15 August 2018

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.

mediation

Mediation in uncertain times: CMC annual conference reportSubscription

2 June 2017

Jonathan Hayden-Williams reports back from the Civil Mediation Council’s (CMC) annual conference.

Mediation-dictionary-definition-image-colour

What happens in a mediation stays in a mediation. Or does it?Subscription

5 April 2017

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.

All ADR

Holiday sickness claims

Queasy money? Curing travel sickness claimsSubscription

25 September 2018

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.

lady justice with scales

LASPO: ban on personal injury referral fees isn't working, MoJ told

31 August 2018

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.

All Personal Injury

thompson on negligence book spine

Costs and professional negligence: more claims coming?

15 August 2018

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.

Elisabeth Ross

Behaving badly – clarity at last on misconduct definitions?Subscription

15 August 2018

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

All Practice Management

padlock

BTE insurance: Absolute right to own solicitor at all timesSubscription

29 November 2017

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.

eu uk flag

Brexit report on justice for families, individuals and businesses

7 April 2017

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.

All Cross-Border / Jurisdiction

Civil Litigation Section renewals

Benefits of Membership*

The Civil Litigation Section will provide you with support, advice, networking opportunities and enable the sharing of best practice with peers.

The current Section Engagement programme has been created in consultation with the Section Committee and will focus on key issues including:

  • Costs
  • Budgeting and Management
  • Court Fees
  • Access to Justice
  • Alternative dispute resolution
  • Profitability
  • Clinical Negligence
  • Fixed Costs
  • J Codes
  • Adjudication
  • Service
  • Jurisdiction
  • Consumer Protection
  • Rome II

These issues will be addressed through a range of activities including: Seminars, Workshops, Webinars, Conferences,
E-newsletters, Magazines and Twitter.

*See Section terms and conditions

Join today