Case commentaries
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Videos
Member talk: mental health for litigators
In this 30-minute member talk, Leah Alpren-Waterman asks Richard Martin from the Mindful Business Charter, and Matthew Fitzwater from Barclays about their experience and views on mental health for litigators.
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Videos
Member talk - Litigator’s Survival Guide: Best tips from judges in conducting litigation
This session is focused on how documents can be managed and presented at trial.
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Feature
Churchill v Merthyr Tydfil and the ADR duty
Masood Ahmed considers the implications of the Churchill v Merthyr Tydfil ruling
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Feature
Rea v Rea and undue influence claims
Rajinder Rai examines the judgment in Rea v Rea, and the implications for claims of undue influence
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Videos
Member talk: Churchill v Merthyr Tydfil Council
Churchill v Merthyr Tydfil Council has the potential to reshape the landscape of dispute resolution and access to justice.
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Feature
Should litigation be a last resort? Churchill v Merthyr Tydfil Council
Churchill v Merthyr Tydfil Council has the potential to reshape the landscape of dispute resolution and access to justice. Rajinder Rai and Peter Causton untangle the weeds of the case
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Feature
Case commentary: Belsner v Cam Legal Services Limited
Rupert Cohen summarises the landmark case of Belsner v CAM Legal Services, and what this means for solicitors going forward
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Feature
Bott & Co Limited v Ryanair
Anthony Field summarises how Rosenblatt secured a landmark Supreme Court win for Bott & Co Limited against Ryanair
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Feature
Tomlin orders, Gertner and consumer credit: are solicitors are risk?
Rupert Cohen looks at the case of CFL Finance Ltd v Laser Trust and Another, and what this means going forward
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Feature
How Adelekun v Ho affects cost orders
Tom Jenkinson examines the decision made in Adelekun v Ho, and the impact that has on costs orders
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Feature
On the Beach, out of jurisdiction
The rules on when claimants need to seek court permission to serve proceedings out of jurisdiction changed on 1 January 2021. Henk Soede, barrister at 1 Chancery Lane chambers, looks at a recent case where permission was granted.
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Feature
Disclosing “adverse” and “known adverse” documents
Genevieve Cripps looks at Castle Water Limited v Thames Utilities Limited, a case which clarified the meaning of adverse documents pursuant to Practice Direction 51U (PD51U).
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Feature
Legal professional privilege revisited – but not for the last time
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.
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Feature
Dreamvar revisited: the nightmare for solicitors and insurers continues…
On 15 May 2018, the Court of Appeal published its judgment in the joint appeals of the P&P Property and Dreamvar cases. Both cases focus on the liability of solicitors where the purported seller of a property is in fact an imposter. Elisabeth Ross considers the cases’ impact. ...
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Analysis
Switching from legal aid to a CFA
Can a claimant who has instructed solicitors on legal aid, switch to a CFA and recover the success fee and ATE premium? Imran Benson of Hailsham Chambers discusses the Court of Appeal (CA) judgment in Surrey v Barnet & Chase Farm Hospitals NHS Trust [2018] EWCA Civ 451.
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Feature
Case commentary: Barton v Wright Hassall [2018] UKSC 12
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.
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Analysis
Case commentary: Bailey v GlaxoSmithKline UK Ltd [2017] EWHC 3195 (QB)
Alison Kirby analyses this judgment in which the High Court has considered, for the first time, whether the Arkin cap - the principle that a funder’s potential liability for adverse costs will be limited to the amount of the funding provided - still fits.
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Feature
Kerry Underwood's third party funding update
Kerry Underwood dissects two recent judgments that could have significant implications for third party funders.
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Feature
Kerry Underwood's part 36 update
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.
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News
BNM v MGN – The essential summary
Andy Ellis, managing director of Practico Ltd, reacts to the Court of Appeal decision in BNM v MGN on proportionality.