All Dispute Resolution articles – Page 11
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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.
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FeatureCPR 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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AnalysisWhat 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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FeatureWinner 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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EventDistrict 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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FeatureValuing 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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FeatureJunior 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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FeatureAdam 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.
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NewsExperience and innovation: dispute resolution funding in 2017
Rosie Ioannou explains why third party funding exploded in 2016, and what to expect of 2017.
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FeatureKerry Underwood's proposals for the extension of the fixed costs regime
Kerry Underwood, at the request of Lord Justice Jackson, sets out his proposals for the extension of fixed recoverable costs to all civil work of all kinds up to a maximum value of £250,000, but with the ability to be extended to all claims without a limit on value.
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FeatureNew insolvency rules in force from April
The Insolvency (England and Wales) Rules 2016 will replace the Insolvency Rules 1986 as part of the modernisation of insolvency procedure.
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FeatureDisclosure: have we been getting it wrong?
James Perry reports on a recent judgment which suggests a rigorous change to the way litigators approach disclosure.
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FeatureHas the High Court just reintroduced recoverability of success fees?
In Essar Oilfield Services v Norscot Rig Management the High Court upheld the decision of the arbitrator in an ICC arbitration to allow the recovery of the costs of third party funding in addition to the award of costs and damages.
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News
‘Cold calling must be banned’, lawyers’ groups warned this week
A complete ban on cold calling for personal injury claims is essential to protect consumers and prevent unscrupulous operators from finding a way around existing rules, solicitors warned today.