Latest features and comment – Page 5
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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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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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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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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.
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FeatureThe 92nd CPR update: what's new?
The 92nd update to the Civil Procedure Rules came into force on 1 October 2017. The update makes several changes to the court’s case management powers and detailed assessment proceedings.
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FeatureContentious Probate Update - 2017 (part 2)
Roman Kubiak takes a look at some of the biggest and most relevant cases for practitioners to hit the legal headlines since the start of 2017, with claims under the Inheritance (Provision for Family and Dependants) Act 1975 appearing particularly heavily.
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NewsGDPR - What does it mean for civil litigation?
William Eggleston, trainee solicitor at Brabners, looks at what GDPR means for civil litigation.
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FeatureThe benefits of collecting business-to-business debts
July saw the eagerly anticipated publication of Lord Justice Jackson’s views on fixed costs. As with any set of proposals, there will ultimately be winners and losers.
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NewsNote to forensic e-providers: 'discovery' is not the same as 'disclosure'
Jonathan Haydn-Williams explains why forensic e-providers need to understand their market.
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FeatureHourly rates in retainers: Kerry Underwood on Vilvarajah
Kerry Underwood discusses Vilvarajah v West London Law Limited [2017] EWHC 23, in which a senior costs judge slashed costs after deeming a CFA unreasonable and unfair to the client.
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FeatureHelping hands: SBA - the Solicitors’ Charity
Sue Ellis explains how SBA - the Solicitors’ Charity can support solicitors in time of need.
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NewsRisky business: how to avoid claims in civil litigation
Peter Hey, director at professional indemnity insurers Libra Managers, highlights some of the key risk areas which have given rise to some of the most expensive and time-consuming claims against civil litigators - and how you can avoid them.
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FeatureKerry Underwood on Jackson and fixed costs
Lord Justice Jackson’s report on fixed costs was published on 31 July, recommending that fixed recoverable costs should apply to claims valued up to £25k. While this is a significant scaling back of his earlier proposals to apply fixed costs for all claims up to £250k, Kerry Underwood says Jackson’s ...