All Dispute Resolution articles – Page 15
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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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News
Common 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?
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Analysis
Thevarajah v Riordan [2015] UKSC 78
An important decision from the Supreme Court that has reaffirmed that a party who has failed to obtain relief from sanctions cannot make another application without demonstrating a change in circumstances
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Feature
Property case law update
Lucie-Anne Rhodes, a Solicitor at Hamlins LLP, provides an update on some recent cases and legislation changes affecting the property sector that you may have missed.
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Feature
Contentious probate case law update
As the dust settles on 2015, Roman Kubiak takes a look at some of the most notable recent cases in the contentious trusts and probate field that you may have missed
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Feature
Lord Chief Justice's report for 2015 examined
Matthew Cotton looks at the Lord Chief Justice’s Report for 2015 in relation to civil justice.
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Feature
Civil litigators – how can the Law Society Library help you?
The Law Society Library has many resources available to help with the conduct of civil litigation. You don’t even have to be in London to use the Library.
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Feature
It's a fix
Fixed costs for absolutely every civil action in England and Wales may soon be a reality, proclaims Kerry Underwood.
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Feature
Unbundling the risks
In light of the decision in Minkin v Landsberg, solicitors can now offer ‘unbundled’ services without being held liable for matters beyond those in their client retainer. However, there are still risks involved in offering unbundling services and informally providing free legal advice that can bring you in conflict with ...
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Feature
From the conference: Working with in-house solicitors
Civil Litigation Section member Alexia Binns spoke to the autumn conference about how civil litigators can work fruitfully with in-house solicitors. Here, she shares her top tips
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Feature
From the conference: Innovative ways of working
Patrick Allen summarises the talking points from his session on innovative ways of working at this year’s autumn conference
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Event
Webinar: The law on penalties after Cavendish and ParkingEye (13 November 2015)
This one-hour webinar is offered at a 20% discount to Civil Litigation Section members, and will tackle the range of issues thrown up by this landmark judgment on contractual penalty clauses
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Analysis
Supreme Court dismisses ParkingEye appeal: our analysis
In the first review of the law of penalties in a century, the Supreme Court has found in favour of ParkingEye 6-1. Cait Sweeney considers the implications of this hugely significant judgment
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Feature
Book review: Clinical Negligence Claims by 9 Gough Square
Clinical negligence partner Rachel Heelis reviews the third edition of this practical guide, written by the clinical negligence practice group of 9 Gough Square barristers’ chambers
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Analysis
Hallows v Wilson Barca LLP (2015)
This case is only available as a summary on Lawtel at present, but suggests that the duties imposed on public bodies by the Freedom of Information Act 2000 can be relevant to the common law doctrine of legal professional privilege
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Feature
Insurance premium tax rate rise: what you can do
The standard rate of insurance premium tax jumps to 9.5% on 1 November, potentially leaving solicitors having to pay an additional 3.5% over and above a calculated premium. Matthew Harman explains what you need to do now
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Feature
'No room for negotiation': why clin neg fixed costs will be a disaster
The government’s plans to introduce fixed costs in clinical negligence cases will impact access to justice and lead to the long-term deterioration of healthcare in the UK, writes Nina Ali of Hodge Jones & Allan
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Analysis
Kerins v Heart of England NHS Foundation Trust (unreported, 31 July 2015)
The court considered whether the conduct of the claimant’s solicitors had been unreasonable or improper within the meaning of CPR 44.11, conduct that included the intentional failure to disclose the existence of a CFA