All Dispute Resolution articles – Page 15
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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?
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AnalysisThevarajah 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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FeatureProperty 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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FeatureContentious 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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FeatureLord 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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FeatureCivil 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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FeatureIt'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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FeatureUnbundling 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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FeatureFrom 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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FeatureFrom 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