All Dispute Resolution articles – Page 15
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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
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AnalysisSuh v Mace (UK) Ltd [2016] EWCA Civ 4
Court of Appeal rules that litigants in persons can benefit from ‘without prejudice’ rule without knowing what it means
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FeatureKerry Underwood: making fixed fees work
Kerry Underwood gives some practical and frank advice on how to survive in the new world of fixed recoverable costs. At the right price, can they actually reward solicitors?
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AnalysisSugar Hut Group Ltd v AJ Insurance Service [2016] EWCA Civ 46
What are the costs consequences following the making of part 36 offers? The Court of Appeal overturns a decision on costs and confirms there is no ’near miss’ rule for part 36 offers
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FeatureThe firm that is making DBAs a success
The legal profession has, for the most part, given damages-based agreements a wide berth since their inception in 2013. Richard Spector explains how ELS Legal is going against the grain by making them an attractive and successful funding option for his firm and clients alike
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FeatureChanges to the European Small Claims Procedure announced
More citizens and small firms will be able to use the simplified EU procedure to resolve low-value disputes across borders
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AnalysisR v Secretary of State for Justice [2016] UKSC 2
The Supreme Court has granted anonymity to a double-murderer. When is it right to keep the names of parties to civil litigation a secret?
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AnalysisHarlequin Property (SVG) Ltd v Wilkins Kennedy [2015] EWHC 3050 (TCC)
A very wide approach to the inspection of confidential material? The court has ruled that the disclosure of confidential Serious Fraud Office and client documents to dispose fairly of the issues overweighed any public interest in keeping them witheld
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Feature'Unaffordable to most'
The Lord Chief Justice’s 2015 annual report has bemoaned the soaring costs of justice. Rosie Ioannou of litigation funders Vannin Capital, shares her thoughts on the report’s findings - are fixed fees the way forward?
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NewsCommon law: A poor substitute?
Trudy Morgan, civil liberties solicitor at Hodge Jones & Allen, looks at the protections afforded by the common law and how it compares with those afforded by the Human Rights Act. What are the implications of seeking to rely solely on the common law to uphold our rights and values?