All Dispute Resolution articles – Page 16
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EventWebinar: 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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AnalysisSupreme 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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FeatureBook 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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AnalysisHallows 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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FeatureInsurance 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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AnalysisKerins 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
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FeatureHow your clients can get what they want from a meeting
Ahead of his webinar on negotiating on 13 October, offered at a 20% discount to Civil Litigation Section members, leading commercial mediator Andrew Hildebrand gives his top tips on getting the best from meetings for both you and your client
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FeatureHave you adapted to the pricing challenge?
Ahead of her session at the Section autumn conference on 22 October 2015, Pauline Doohan explains why competitive pricing is key to thriving in a transformed legal market
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FeatureConsumer Rights Act: implications for funding and beyond
Schedule 8 to the Consumer Rights Act 2015 introduces a UK class action for the first time. While class actions will, for the time being, only be available in the competition sphere, Rosie Ioannou of Vannin Capital anticipates that the legislation may have a significant impact on the litigation landscape ...
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AnalysisBritish Airways plc v Spencer (Trustees of the Airways Pensions Scheme) [2015] EWHC 2477
The High Court considers the meaning and purpose of CPR 35.1, and provides guidance on when expert evidence is ‘reasonably required’
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FeatureChanges to CPR this 1 October - the facts
The 81st update to the Civil Procedure Rules comes into force on 1 October 2015. Cait Sweeney explains what’s changed
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FeatureKerry Underwood: 'our legal system is now a tax-raising commercial venture'
‘For the first time in any society as far as I am aware, a state’s legal system has gone from being a core part of the central inalienable duties of the state to a tax-raising commercial venture.’
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FeatureArbitrate, don't litigate
With the civil courts in crisis, could arbitration be a quicker and more cost-effective alternative to litigation in resolving personal injury and clinical negligence claims?
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FeatureHow the costs landscape has changed over the summer
Following on from his session at the spring conference, Colin Campbell provides an update on the latest key developments in the world of costs, including a new form bill of costs
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FeatureGood news for third party funders? CJC recommends major changes to DBAs
The Civil Justice Council has published its recommendations to make DBAs more popular. Rosie Ioannou from third party litigation funders Vannin Capital discusses the main points of interest from the working party report - what next for hybrid agreements?
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FeatureCivil Litigation Section committee interview: 2015 so far
We speak to three members of the Civil Litigation Section committee about their experiences of 2015 so far, and what members should look out for in the remainder of the year
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AnalysisCentral Bank of Ecuador v Conticorp SA [2015] UKPC 11
The Privy Council has reversed findings on dishonesty from the lower courts, and provides a useful reminder in relation to appealing findings of facts