All Dispute Resolution articles – Page 12
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NewsCase note: Moreno v Motor Insurers Bureau [2016] UKSC 52
The Supreme Court gave judgment in this case on 2 August 2016, and settled a very important issue: how are damages assessed when a British citizen is injured in an overseas accident?
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AnalysisThe Consumer Rights Act: one year on
A steady trickle rather than a flood, suggests Rosie Ioannou.
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FeatureGood faith or good grief?
It is a reasonably well-known fact that there is no general doctrine of good faith in English contract law and, as a result, it is widely understood that a duty of good faith is not implied in commercial agreements.
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OpinionDigital woes
Does Lord Justice Briggs’ digital vision truly appreciate the needs of users with a disability, asks Richard Schaverien.
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FeatureMcKenzie friends: one step too far?
Changes in funding and the abolition of legal aid are causing well-publicised problems in relation to representation – or the lack of it – in court. Coupled with the significant increase in litigants in person (LiPs), they are dramatically slowing down the courts system. Kerry Underwood explains why he is ...
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FeatureReform has failed. Here's how to fix the civil litigation system
The Woolf and Jackson reforms have failed and the cost of litigation has rocketed, says David Abraham. Here, he outlines his vision for a streamlined litigation system in light of Lord Justice Jackson’s call for fixed fees to apply to all claims up to £250k.
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AnalysisThe end of unbundling? Sequence Properties v Patel
An appeal court ruling may have delivered a serious body blow to solicitors offering unbundled services without being held liable for matters beyond those in their client retainer. Alison Kirby discusses the Patel judgment.
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Analysis86th update to the CPR now in force - what's new?
The 86th update to the Civil Procedure Rules has been published, coming into effect on 3 October 2016. Cait Sweeney guides you through the key change you need to know about - the replacement of existing CPR 52 (appeals) with a new part 52.
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FeatureTomorrow's world: AI and the autumn conference
Kurt Rowe reports back from this year’s autumn conference, with a rallying call to solicitors not to resist the sweeping changes that artificial intelligence will inevitably usher in.
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FeatureInterview: Tim Wallis, mediator and solicitor
We speak to independent full-time mediator Tim Wallis (http://www.tim-wallis.co.uk/) on his daily practice, including the selection process, his pre-mediation service, handling difficult clients, and what happens once the day is over. He also gives his best practice advice on making the mediation go as smoothly as possible.
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AnalysisVisions of the future: the post-Briggs consultation analysed
On 15 September, the Ministry of Justice (MoJ) opened its ‘Transforming our courts and tribunals’ consultation, which aims to put into effect many of the proposals put forward by Lord Justice Briggs in his Civil Courts Structure Review. It gives some useful insight into what the MoJ has in store ...
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FeatureAll in proportion: the Brian May litigation
Deborah Burke examines the recent case of May & Anor v Wavell Group plc & Anor and the courts’ approach to costs in the era of proportionality.
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AnalysisHayward v Zurich Insurance Company plc [2016] UKSC 48
Supreme Court holds that a settlement may be set aside for fraud even if fraud is suspected
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AnalysisVilca v Xstrata [2016] EWHC 1824 (QB)
The High Court has held that it has the power to order a party to appoint a separate law firm to conduct an independent re-review of its disclosure on strong grounds, although it chose not to in this case
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AnalysisBriggs' Review: the final verdict
Lord Justice Briggs - who will be speaking at our autumn conference on 29 September - has published the long-awaited final report on the Civil Courts Structure Review, making a series of recommendations intended to inform HMCTS’ current court modernisation programme. At 300 pages long, Gareth Raisbeck digests the details ...
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FeatureInterview: Nigel Broadbent, director, Lupton Fawcett
Nigel Broadbent, director and head of the Dispute Management Department at Lupton Fawcett in Leeds, discusses his approach to mediation, including preparation, handling resistant parties, the trends he’s seen over the last 10 years - and what he wished he known about the mediation process when he began his career ...
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AnalysisThe tough gets going – again?
Two years after Denton took the sting out of Mitchell’s tail, could the courts be taking a tougher approach again to missing deadlines? Not necessarily, says James Perry, but the decision in Oak Cash and Carry is a salutary reminder that missed deadlines are usually a sign of deeper problems ...
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FeatureBrexit and the implications for data protection
With the existing data protection regime based on EU law, what does Brexit mean exactly for data privacy, asks Gareth Raisbeck
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AnalysisNovus Aviation Ltd v Alubaf Arab International Bank BSC [2016] EWHC 1937 (Comm)
Commercial Court rules that the full effect of part 36 was unjust when sterling value had recently fallen against the dollar.