Latest features and comment – Page 7
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AnalysisWhat you really need to know about Merrix
Deborah Burke, chair of the Civil Litigation Section, offers her own take on this recent, headline-grabbing case on costs budgeting.
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FeatureWinner takes all: How far should the personal injury reforms go?
Following the Ministry of Justice (MoJ) consultation “Reforming the Soft Tissue Injury (Whiplash) Claims Process” earlier this year, the personal injury (PI) sector is about to face a radical change. Matthew Cotton, vice-chair of the Civil Litigation Section examines the opposing views and comments on the likely effects of the ...
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FeatureValuing a quantum meruit claim: MacInnes v Gross
Joshua Fineman, senior associate at DWF, discuss this recent High Court decision which offers helpful guidance in dealing with quantum meruit claims. Joshua explains why there can be no shortcuts in pursuing a quantum meruit claim, and why claims must be evidenced by an objective market valuation, in all but ...
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FeatureJunior civil litigators: reaching higher
Civil and commercial litigation is exciting, cutting edge and prestigious. It can also be ‘run of the mill’, cheap and stressful. What can junior litigation solicitors do to enhance their professional development in the modern world, asks Gareth Raisbeck.
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FeatureAdam Johnson QC interview
Adam Johnson, a commercial litigator and arbitrator at Herbert Smith Freehills, was one of six solicitor advocates to take silk this year. We speak to him about his experience of the application process, the impact on his practice, and his thoughts on the state of advocacy in 2017.
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NewsExperience and innovation: dispute resolution funding in 2017
Rosie Ioannou explains why third party funding exploded in 2016, and what to expect of 2017.
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FeatureKerry Underwood's proposals for the extension of the fixed costs regime
Kerry Underwood, at the request of Lord Justice Jackson, sets out his proposals for the extension of fixed recoverable costs to all civil work of all kinds up to a maximum value of £250,000, but with the ability to be extended to all claims without a limit on value.
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FeatureNew insolvency rules in force from April
The Insolvency (England and Wales) Rules 2016 will replace the Insolvency Rules 1986 as part of the modernisation of insolvency procedure.
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FeatureDisclosure: have we been getting it wrong?
James Perry reports on a recent judgment which suggests a rigorous change to the way litigators approach disclosure.
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FeatureHas the High Court just reintroduced recoverability of success fees?
In Essar Oilfield Services v Norscot Rig Management the High Court upheld the decision of the arbitrator in an ICC arbitration to allow the recovery of the costs of third party funding in addition to the award of costs and damages.
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FeatureThey think it’s all over... it should be now
Mark Field considers the final steps of a mediation.
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AnalysisBrexit and article 50 – a summary of the High Court judgment
From screaming headlines to more sober assessments, much has been written about this decision of the High Court since it was delivered earlier this month. An appeal by the government is currently being heard by the Supreme Court. Jonathan Haydn-Williams and Goodman Derrick outlines the main elements of the High ...
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FeatureExtending fixed recoverable costs: change is coming for litigators
The government is consulting until 17 January on extending fixed recoverable costs across civil litigation. If implemented, they will represent some of the greatest changes for civil litigators since the 19th century, says Kerry Underwood.
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FAQ
FAQ: Claim forms for orders extending time
In this issue the Law Society Library FAQ is on the topic of claim forms for orders extending time for registering charge and witness statement in support.
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AnalysisThe Consumer Rights Act: one year on
A steady trickle rather than a flood, suggests Rosie Ioannou.
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FeatureGood faith or good grief?
It is a reasonably well-known fact that there is no general doctrine of good faith in English contract law and, as a result, it is widely understood that a duty of good faith is not implied in commercial agreements.
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OpinionDigital woes
Does Lord Justice Briggs’ digital vision truly appreciate the needs of users with a disability, asks Richard Schaverien.
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FeatureMcKenzie 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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FeatureReform 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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Analysis86th update to the CPR now in force - what's new?
The 86th update to the Civil Procedure Rules has been published, coming into effect on 3 October 2016. Cait Sweeney guides you through the key change you need to know about - the replacement of existing CPR 52 (appeals) with a new part 52.