All Dispute Resolution articles – Page 17
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Feature
Kerry 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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Feature
Arbitrate, 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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Feature
How 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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Feature
Good 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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Feature
Civil 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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Analysis
Central 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
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Feature
At all costs: the risks in costs budgeting
Francis Kendal, council member of the Association of Costs Lawyers, offers some top tips for litigators considering undertaking their own costs budgeting work - and at their own risk
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Feature
Keith Etherington: 'An evidence-based response to the fee rises is needed'
We speak to Keith Etherington, Civil Litigation Section committee member and accredited civil mediator, about his experiences of 2015 so far, and how litigators can fight back effectively against the government’s latest proposals for court closures and further court fee increases
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Analysis
Michael Wilson & Partners Ltd v Sinclair [2015] EWCA Civ 774
Court of Appeal confirms that the principles set out in Mitchell have to be read in the light of Denton
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Analysis
Begum v Hossain [2015] EWCA Civ 717
This case is an usual case of the court upholding a challenge to an expert determination, and a reminder of the limited grounds on which an expert determination can be challenged
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Feature
New CPR 3.1A - clearer court proceedings for litigants in person?
A new CPR 3.1A is coming into force on 1 October, setting out case management powers when dealing with litigants in person. Gareth Raisbeck puts the new rule under the microscope - will it lead to smoother court proceedings?
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Feature
Working with Salford Business Centre: top tips
HM Courts & Tribunal Services has produced a list of top tips on how to work effectively with the County Court Money Claims Centre in Salford, and secure the best possible and fastest service
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News
What is HMCTS' Secure Data Transfer?
Paul Downer from HM Courts & Tribunals Service explains how its Secure Data Transfer system can save time and money for those users issuing multiple claims
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Feature
Court fees rise: the clinical negligence perspective
Steve Webber argues that the civil court fee rises will only hike up the upfront costs clinical negligence claimants have to pay, and drown the court services in fee remission forms
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Analysis
Nokes v Heart of England Foundation NHS Trust [2015] EWHC B6 (Costs)
In one of the first judgments since the Jackson reforms, Master Leonard has given useful guidance on the extent of recoverability of post-LASPO ATE premiums in medical negligence claims
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Event
Commercial litigation conference 2015 (5 October 2015)
This conference will focus solely on commercial litigation, and will assess the development and impact of the Jackson reforms on the commercial litigation landscape.
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Feature
Private eye: the pitfalls of moving into private client work (part 2)
Private client work may seem an attractive new source of business for civil litigators in strained economic times, but there is much to consider and be wary of before you take your first steps. In the second of a two-part article, Roman Kubiak outlines five more key issues to focus ...
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Feature
Fundamental dishonesty: the new buzzword for litigators?
Why fundamental dishonesty is now a key term for personal injury lawyers, and is likely to become so for other civil litigators
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Feature
Private eye: the pitfalls of moving into private client work (part 1)
Private client work may seem an attractive new source of business for civil litigators in strained economic times, but there is much to consider and be wary of before you take your first steps. Roman Kubiak outlines ten key issues to focus on