All Dispute Resolution articles – Page 12
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FeatureThey think it’s all over... it should be now
Mark Field considers the final steps of a mediation.
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EventIn-house Division seminar: Career progression – finding your path (22 February 2017, London)
Our interactive panel discussion will provide advice for those looking for next steps, a portfolio career or a career change into in-house. It will demonstrate that changing direction is possible and will equip you with practical tips to get started.
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AnalysisBrexit and article 50 – a summary of the High Court judgment
From screaming headlines to more sober assessments, much has been written about this decision of the High Court since it was delivered earlier this month. An appeal by the government is currently being heard by the Supreme Court. Jonathan Haydn-Williams and Goodman Derrick outlines the main elements of the High ...
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FeatureExtending fixed recoverable costs: change is coming for litigators
The government is consulting until 17 January on extending fixed recoverable costs across civil litigation. If implemented, they will represent some of the greatest changes for civil litigators since the 19th century, says Kerry Underwood.
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FAQ
FAQ: Claim forms for orders extending time
In this issue the Law Society Library FAQ is on the topic of claim forms for orders extending time for registering charge and witness statement in support.
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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