Features and Opinion
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Feature
How to serve claim forms and other court documents (by email and other methods)
Leigh Ellis, solicitor at Hall Ellis, examines how claim forms and other court documents should be served, and why emailing is not automatically sufficient for service
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Feature
Over-engineering court reforms: the unwelcomed art of not keeping it simple
James Perry offers a personal perspective on the court reforms and how they risk complicating litigation further, instead of simplifying the system.
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Feature
Online court pilots and COVID-19 – the catalyst for further momentum?
John Cuss reviews how the coronavirus (COVID-19) lockdown has accelerated reform in the courts, and asks whether – without proper consultation – there’s a risk of access to justice being left behind?
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Feature
Practical tips for litigators working from home
Mark Banks and Kristian Bagger suggest some workarounds for litigators working from home, including those without a printer or a scanner to hand.
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Feature
It’s not your (de)fault
Or is it? James Perry looks at an update to the rules on default judgments that may trip up the unsuspecting claimant litigator.
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Feature
The times they are a-changing . . . e-filing and detailed assessment
Deborah Burke discusses ideas from a recent white paper on how to improve the detailed assessment process, and offers tips on getting to grips with electronic filing (or e-filing).
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Feature
The Rule of Law and I, Solicitor
Simon Davis, next President of the Law Society, considers the role of solicitors in upholding the rule of law.
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Feature
Success story: Battling for local justice
Edward Cooke explains what it was like to take on the government and Whitehall juggernaut in a bid to save local court provision in Chichester.
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Feature
Legal professional privilege revisited – but not for the last time
In the landmark case of Serious Fraud Office (SFO) v Eurasian Natural Resources Corporation (ENRC), the Court of Appeal has overturned a controversial High Court decision restricting the application of litigation privilege. Elisabeth Ross considers what this means for practitioners.
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Feature
How to make a derivative claim
A derivative claim allows an aggrieved shareholder to use the company’s name and funds to pursue directors for breaches of fiduciary duty. Kerry Underwood explains the process and considers relevant case law in this important area, focusing on the impact on charities.
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Feature
95th and 96th CPR updates: what's new?
The 95th and 96th updates to the Civil Procedure Rules (CPR) recently came into force. Cait Sweeney looks at the headline changes.
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Feature
Case 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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Feature
Kerry 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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Feature
Online court: our feedback so far
Law Society policy adviser Alice Owen and Section committee members James Perry and Raj Rai were invited to a demonstration of a prototype of the online court last month. Here, they explain what they saw - and why there is still much work to be done.
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Feature
New rules on electronic track data in admiralty collision claims
Nerys Thomas looks at new guidance to practitioners about changes to CPR 61 (admiralty claims) and the expectations of the admiralty courts in collisions claims in which electronic track data is available.
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Feature
CPR 88th update: what's new?
The 88th update to the Civil Procedure Rules (SI 2017/95) makes several important changes which will all come into force by 6 April. Cait Sweeney looks at the pivotal developments.
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Opinion
Digital woes
Does Lord Justice Briggs’ digital vision truly appreciate the needs of users with a disability, asks Richard Schaverien.
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Feature
McKenzie friends: one step too far?
Changes in funding and the abolition of legal aid are causing well-publicised problems in relation to representation – or the lack of it – in court. Coupled with the significant increase in litigants in person (LiPs), they are dramatically slowing down the courts system. Kerry Underwood explains why he is ...
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Feature
Reform has failed. Here's how to fix the civil litigation system
The Woolf and Jackson reforms have failed and the cost of litigation has rocketed, says David Abraham. Here, he outlines his vision for a streamlined litigation system in light of Lord Justice Jackson’s call for fixed fees to apply to all claims up to £250k.
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Feature
Civil Courts Structure Review event with LJ Briggs - Q&A and more
On 9 June, the Law Society invited Lord Justice Briggs to Chancery Lane to talk about his proposals for the civil courts. We summarise the main talking points from his speech, and also share the findings of his Q&A session with the audience