All Dispute Resolution articles – Page 14
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FeatureThe 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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FeatureCivil 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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FeatureFundamental 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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FeatureCivil 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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FeatureThe 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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AnalysisWebb 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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AnalysisMassar [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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AnalysisMendes 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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FeatureOpportunity 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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FeatureCosts 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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AnalysisBolt 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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FeatureThis 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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FeatureMediation: 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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FeatureMediation: 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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FeatureMediation: 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
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FeatureRSVP: 'I accept'
It’s clear from recent case law that the courts will judge unfavourably those parties that do not engage in mediation. Mark Field explains why, if you receive an offer to mediate, you should accept it and do so promptly
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Mediation: where do I begin?
There are many mediators for hire out there. But who should you choose, and how much should you pay for their services? Nigel Broadbent, director at Lupton Fawcett Denison Till and heads of the Dispute Management Department, shares his advice
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AnalysisThe biggest contentious probate cases of 2016 so far
Roman Kubiak, partner at Hugh James, takes a look at some of the most notable cases in the contentious trusts and probate field over the last few months.