Latest features and comment – Page 6
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News
Jackson's report on fixed recoverable costs: our 30-second summary
Jonathan Haydn-Williams summarises Lord Justice Jackson’s report on fixed recoverable costs.
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News
Watch your behaviour
Dominic Regan looks at how misconduct can influence the court into awarding more damages.
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News
All change: New pre-action protocol for debt claims
The pre-action protocol for debt claims comes into effect on 1 October 2017. Craig Underwood, managing director & head of legal practice, and Melanie Hart, senior associate and solicitor advocate, discuss what it means for civil court claims.
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News
So you need an expert. Where do you start?
Sandy Mackay, a governor of the Expert Witness Institute and a practising expert in construction for 33 years, explains how to collaborate with an expert.
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Contentious probate update 2017 (part 1)
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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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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A welcome from our new chair
Matthew Cotton, the new chair of the Civil Litigation Section, outlines his plans for the future.
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Book review: Kerry Underwood on Personal Injury Small Claims Portals
Stephen Hines reviews Kerry Underwood’s three-volume guide on all aspects of funding, small claims, the portals and fixed costs.
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Feature
Mediation in uncertain times: CMC annual conference report
Jonathan Haydn-Williams reports back from the Civil Mediation Council’s (CMC) annual conference.
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Bad news for third party funders: has the tide turned?
Kerry Underwood looks at two recent decisions from the English and Irish courts, which could signify a turning of the tide for third party funding.
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Dispute resolution in a future EU/UK trade 'deal'
How can indefinite European Court of Justice jurisdiction be avoided, asks Stephen Hornsby.
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Feature
Damages-based agreements – friend or foe?
Tobias Haynes, solicitor at FS Legal, explains why damages-based agreements (DBAs) are ripe for reevaluation as a means of promoting access to justice and a better value funding option.
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Will county court fees hike make the insolvency process more attractive?
Richard Gwynne. director of commercial recoveries at Spratt Endicott Solicitors, discusses increased court fees and the insolvency process.
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News
New pre-action protocol for debt coming this October
The MoJ has approved the new debt pre-action protocol (the protocol), effective from 1 October 2017. Debt recovery specialist Karen Chapman, associate at Clarke Willmott LLP, examines who is affected, the key changes, and likely actions needed to comply with the forthcoming legislation.
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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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Brexit report on justice for families, individuals and businesses
The House of Lords EU Committee has published a report about the effect of Brexit on three EU Regulations which together ‘play an important role in facilitating the daily operation of the European legal system’. Jonathan Haydn-Williams looks at the Committee’s conclusions as to the Brussels I Regulation ‘recast’ relating ...
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Feature
Exploring the litigation landscape in Scotland
Euan McSherry, DWF Head of Litigation in Scotland, introduces readers to the possibly unfamiliar territory of raising court proceedings north of the border: in particular, the changing face of litigation expenses, raising arbitrations and going to mediation, where it is not mandatory.
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What happens in a mediation stays in a mediation. Or does it?
In Savings Advice Ltd, Master Howarth found that factual statements as to the amount of costs used in mediations could be used in subsequent assessment proceedings. Does this mean not everything in a mediation stays secret, asks Deborah Burke.
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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.