All Dispute Resolution articles – Page 10
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FeatureOnline court: our feedback so far
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.
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FeatureA welcome from our new chair
Matthew Cotton, the new chair of the Civil Litigation Section, outlines his plans for the future.
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EventCivil Litigation Section autumn half-day conference 2017 (28 September, London)
Keynote: Lord Justice Jackson
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FeatureBook review: Kerry Underwood on Personal Injury Small Claims Portals
Stephen Hines reviews Kerry Underwood’s three-volume guide on all aspects of funding, small claims, the portals and fixed costs.
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FeatureMediation in uncertain times: CMC annual conference report
Jonathan Haydn-Williams reports back from the Civil Mediation Council’s (CMC) annual conference.
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FeatureBad news for third party funders: has the tide turned?
Kerry Underwood looks at two recent decisions from the English and Irish courts, which could signify a turning of the tide for third party funding.
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AnalysisIs an expert needed? London Aviation Ltd v Royal Bank of Scotland
The recently reported case of London Aviation Ltd v Royal Bank of Scotland plc [2017] EWHC 1037 (Ch) decided that an expert was not ‘reasonably required’ because, on the facts of the case, an expert was unlikely to assist the judge.
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FeatureDispute 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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FeatureDamages-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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FeatureWill 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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NewsNew 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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FeatureNew 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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FeatureBrexit 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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FeatureExploring 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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AnalysisCase 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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FeatureWhat 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.