All Dispute Resolution articles – Page 14
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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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Feature
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.
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Feature
Court fee list
These documents sets out the full list of fees applicable in the civil and family courts as of 21 March 2016.
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News83rd update to the CPR now in force - what's new?
The 83rd update to the Civil Procedure Rules has been published, with the majority of the amendments coming into effect on 1 and 6 April 2016. Cait Sweeney guides you through the key changes you need to know about
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AnalysisFamily Mosaic Home Ownership Ltd v Peer Real Estate Ltd [2016] EWHC 257 (Ch)
The High Court has given guidance on the transfer of existing cases to the Shorter Trials Scheme
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AnalysisGreat news for claimants? Fixed costs trumped by part 36 offer
Lord Dyson has ruled that assessed costs should trump fixed costs where claimants secure more than they had offered to settle for, and said that parliament had not intended to create a scheme to penalise claimants when it had established a fixed costs regime
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FeatureThinking of applying to the bench? A civil litigator's journey
After over 20 years as a solicitor and civil litigator, Keith Etherington has made the leap to a full-time judicial position. He speaks about his journey to the bench, and offers in-depth practical advice on the process - and the skills and experience the JAC is looking for