All Dispute Resolution articles – Page 10
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Feature
Dispute resolution in a future EU/UK trade 'deal'
How can indefinite European Court of Justice jurisdiction be avoided, asks Stephen Hornsby.
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Feature
Damages-based agreements – friend or foe?
Tobias Haynes, solicitor at FS Legal, explains why damages-based agreements (DBAs) are ripe for reevaluation as a means of promoting access to justice and a better value funding option.
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Feature
Will county court fees hike make the insolvency process more attractive?
Richard Gwynne. director of commercial recoveries at Spratt Endicott Solicitors, discusses increased court fees and the insolvency process.
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News
New pre-action protocol for debt coming this October
The MoJ has approved the new debt pre-action protocol (the protocol), effective from 1 October 2017. Debt recovery specialist Karen Chapman, associate at Clarke Willmott LLP, examines who is affected, the key changes, and likely actions needed to comply with the forthcoming legislation.
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Feature
New rules on electronic track data in admiralty collision claims
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.
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Feature
Brexit report on justice for families, individuals and businesses
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 ...
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Feature
Exploring the litigation landscape in Scotland
Euan McSherry, DWF Head of Litigation in Scotland, introduces readers to the possibly unfamiliar territory of raising court proceedings north of the border: in particular, the changing face of litigation expenses, raising arbitrations and going to mediation, where it is not mandatory.
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Analysis
Case note: Shackleton and Associates v Al Shamsi [2017] EWHC 304 (Comm)
In this case, Mr Justice Teare considered whether the claimant company providing legal services could recover costs for the time spent on the litigation by its sole shareholder, a solicitor advocate.
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Feature
What happens in a mediation stays in a mediation. Or does it?
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.
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Feature
CPR 88th update: what's new?
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.
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Analysis
What you really need to know about Merrix
Deborah Burke, chair of the Civil Litigation Section, offers her own take on this recent, headline-grabbing case on costs budgeting.
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Feature
Winner takes all: How far should the personal injury reforms go?
Following the Ministry of Justice (MoJ) consultation “Reforming the Soft Tissue Injury (Whiplash) Claims Process” earlier this year, the personal injury (PI) sector is about to face a radical change. Matthew Cotton, vice-chair of the Civil Litigation Section examines the opposing views and comments on the likely effects of the ...
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Event
District judge (Magistrates’ Court) judicial appointment: understanding the application process (20 March)
The Solicitor Judges Division is hosting a free judicial appointments preparation event at the Law Society for the district judge (magistrate court) exercise launching on 21 March 2017.
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Feature
Valuing a quantum meruit claim: MacInnes v Gross
Joshua Fineman, senior associate at DWF, discuss this recent High Court decision which offers helpful guidance in dealing with quantum meruit claims. Joshua explains why there can be no shortcuts in pursuing a quantum meruit claim, and why claims must be evidenced by an objective market valuation, in all but ...
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Feature
Junior civil litigators: reaching higher
Civil and commercial litigation is exciting, cutting edge and prestigious. It can also be ‘run of the mill’, cheap and stressful. What can junior litigation solicitors do to enhance their professional development in the modern world, asks Gareth Raisbeck.
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Feature
Adam Johnson QC interview
Adam Johnson, a commercial litigator and arbitrator at Herbert Smith Freehills, was one of six solicitor advocates to take silk this year. We speak to him about his experience of the application process, the impact on his practice, and his thoughts on the state of advocacy in 2017.