All Dispute Resolution articles – Page 8
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AnalysisLitigants in person: the new hardline approach
Kerry Underwood explains the string of recent case law which suggests the courts are taking a much tougher approach to litigants in person.
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AnalysisSwitching from legal aid to a CFA
Can a claimant who has instructed solicitors on legal aid, switch to a CFA and recover the success fee and ATE premium? Imran Benson of Hailsham Chambers discusses the Court of Appeal (CA) judgment in Surrey v Barnet & Chase Farm Hospitals NHS Trust [2018] EWCA Civ 451.
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FeatureCase commentary: Barton v Wright Hassall [2018] UKSC 12
The Supreme Court has ruled against treating a litigant in person as a special case and says the rules as they stand must apply equally to all parties.
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FeatureThe percentage game: play with care...
We are used to, and think we understand, percentage probability, says Jonathan Haydn-Williams – but remember that percentage estimates of success do not make it certain and are less reliable the earlier they are made.
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FeatureWhy you shouldn't overlook pro bono costs in civil litigation
Whether you or your firm do pro bono work or not, it is important to know about pro bono costs, says Toby Brown.
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AnalysisCase commentary: Bailey v GlaxoSmithKline UK Ltd [2017] EWHC 3195 (QB)
Alison Kirby analyses this judgment in which the High Court has considered, for the first time, whether the Arkin cap - the principle that a funder’s potential liability for adverse costs will be limited to the amount of the funding provided - still fits.
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FeatureKerry Underwood's third party funding update
Kerry Underwood dissects two recent judgments that could have significant implications for third party funders.
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FeatureThe Pro Bono Charter: get involved
The Pro Bono Charter was launched during National Pro Bono Week 2017. It is a statement of commitment from firms, ABSs and in-house departments to support pro bono. Rebecca Wilkinson explains
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FeatureGuessing game: what is happening with proportionality?
Dominic Regan assesses the continuing uncertainty over proportionality.
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FeatureKerry Underwood's part 36 update
Kerry Underwood looks at where we stand with part 36 in light of recent judgments and Lord Justice Jackson’s proposals on fixed recoverable costs.
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FeatureThe retreat from Bolam in claims against lawyers
This paper, written by Carl Troman, barrister and mediator, addresses the change in the law from the Supreme Court’s decision in Montgomery v Lanarkshire regarding the test for whether a professional breaches their duties towards their client when giving advice as to risk. It explores the scope and practical implications ...
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Feature2017 in review
Section committee members James Perry and Alison Kirby give their personal take on some of the key developments in civil litigation this year, and share their predictions for 2018.
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FeatureBTE insurance: Absolute right to own solicitor at all times
A European court has ruled that a legal expenses insurer’s terms and conditions were incompatible with the Solvency II Directive, and that the claimant had a free choice of lawyer under a contract of legal expense insurance. Kerry Underwood’s response? Don’t take no for an answer from BTE insurers.
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FeatureThe new Bill of Costs - you're probably going to like it, actually
Are you ready for the new electronic Bill of Costs? Kevin Wonnacott is confident that it will be well-received by civil litigators.
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FeatureThird party funding: a solicitor's perspective
Committee member Alison Kirby ponders the third party funding landscape as 2017 draws to a close.
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NewsBNM v MGN – The essential summary
Andy Ellis, managing director of Practico Ltd, reacts to the Court of Appeal decision in BNM v MGN on proportionality.
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NewsContentious probate update - 2017 (part 3)
With Inheritance Act claims and will disputes being the order of the day in the first few months of the year, trusts, anonymity and judicial discretion seem to be the flavour of the spring and summer months.
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FeatureIntermediate track: scope and procedure
Kerry Underwood sets out the scope and procedure of the new intermediate track recommended by Lord Justice Jackson to deal with civil litigation.