All Dispute Resolution articles – Page 14
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Feature
MoJ whiplash proposals: there is a better way
Lawyers have been waiting anxiously for the Ministry of Justice’s consultation paper on its proposed whiplash reforms. Whilst this may seem a minor matter in light of national events, the paper will signal the start of a process that may have a greater impact upon the legal and claims sector ...
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Feature
ACL member survey results are in!
Iain Stark, chairman of the Association of Costs Lawyers, comments on the findings of this year’s member survey. What does it tell us about the state of the costs management regime in 2016?
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Feature
Why you need to get to grips with time recording
Claire Green of the Association of Costs Lawyers explains why fee earners must recognise the importance of proper time-recording.
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Feature
The sound of the crowd
Gareth Raisbeck argues that in light of last year’s ParkingEye litigation, crowdfunding could at last be stepping out of the shadows as a viable and attractive means of financing commercial litigation, especially for a younger generation of tech-savvy litigants
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Feature
Civil Courts Structure Review event with LJ Briggs - Q&A and more
On 9 June, the Law Society invited Lord Justice Briggs to Chancery Lane to talk about his proposals for the civil courts. We summarise the main talking points from his speech, and also share the findings of his Q&A session with the audience
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Feature
Fundamental dishonesty: where are we now?
What constitutes fundamental dishonesty has been left to the discretion of the court with no definition provided within the CPR. Kerry Underwood suggests this could all change very soon, with a decision by the Supreme Court imminent.
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Feature
Civil Courts Structure Review: Bristol consultation event report
We report back from Lord Justice Briggs’ consultation event in Bristol on 9 May 2016
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Feature
The advantages and disadvantages of mediation
Mediation has many advantages, but there are also downsides to it that should not be overlooked, warns Philip Hesketh
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Analysis
Webb Resolutions Ltd v Countrywide Surveyors Ltd [2016] Ch Div (4 May 2016)
The court has held a claimant liable for a defendant’s costs of and incidental to an abandoned professional negligence claim, even though the claim form had not been served - good news for defendants aiming to recover costs incurred pre-action?
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Analysis
Massar [2016] ECJ C-460/14; Buyuktipi [2016] ECJ C-5/15
The ECJ has provided guidance on the proper construction of ‘inquiry’ in article 4(1) of Council Directive 87/344/EEC relating to insureds’ right to choose a lawyer under a legal expenses insurance policy
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Analysis
Mendes v Hochtief (UK) Construction Ltd [2016] EWHC 976 (QB)
Mr Justice Coulson has ruled that a claimant could recover trial advocacy fees under CPR 45 when a claim settled on the day of the hearing, before the trial was heard
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Feature
Opportunity knocks: highlights from the spring conference
Tobias Haynes reports back from this year’s Section spring conference
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Event
Civil court structure review with Lord Justice Briggs
Following his Interim Report on the civil court structure review, Lord Justice Briggs will be addressing solicitors on the main themes contained in his review: the online court, case officers, number of civil courts, routes of appeal, enforcements, and boundaries. This is an opportunity for members to hear directly from ...
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Feature
Costs budgeting, proportionality and hourly rates in high value cases
Kerry Underwood discusses a recent High Court judgment which makes some thorough comments on proportionality, guideline hourly rates and other issues in assessing costs budgets. What could it mean for costs management?
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Analysis
Bolt Burdon Solicitors v Tariq & Ors [2016] EWHC 811 (QB)
The court upholds a contingency fee agreement whereby the solicitors billed £498,083.52, whereas on a time basis the total would have been around £50,000.00 - an 800 per cent uplift
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Feature
This is the future
Tony Guise provides a taster of what to expect at his session at the Section spring conference on 21 April, on the future of the civil courts
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Feature
Mediation: Preparing to mediate (part 2) - On the day
In the second of a three-part series on effective mediation strategies, Amanda Bucklow considers how you can make the mediation day the best opportunity for certainty of outcome for your client.
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Feature
Mediation: Preparing to mediate (part 1)
There are several strategies that legal professionals can adopt before, during and after a mediation which will ensure the best possible use of your time and resources. In the first of a three-part article, mediator Amanda Bucklow shares her top pre-mediation day planning tips
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Feature
Mediation: Preparation and good practice
Mark Jackson-Stops, mediator and founder of mediation chambers In Place of Strife, provides an in-depth guide to the vital points you and your client must consider prior to mediation