Latest features and comment – Page 9
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FeatureWhy you need to get to grips with time recording
Claire Green of the Association of Costs Lawyers explains why fee earners must recognise the importance of proper time-recording.
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FeatureThe sound of the crowd
Gareth Raisbeck argues that in light of last year’s ParkingEye litigation, crowdfunding could at last be stepping out of the shadows as a viable and attractive means of financing commercial litigation, especially for a younger generation of tech-savvy litigants
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FeatureCivil 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
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FeatureFundamental dishonesty: where are we now?
What constitutes fundamental dishonesty has been left to the discretion of the court with no definition provided within the CPR. Kerry Underwood suggests this could all change very soon, with a decision by the Supreme Court imminent.
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FeatureCivil Courts Structure Review: Bristol consultation event report
We report back from Lord Justice Briggs’ consultation event in Bristol on 9 May 2016
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FeatureThe advantages and disadvantages of mediation
Mediation has many advantages, but there are also downsides to it that should not be overlooked, warns Philip Hesketh
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FeatureOpportunity knocks: highlights from the spring conference
Tobias Haynes reports back from this year’s Section spring conference
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FeatureCosts budgeting, proportionality and hourly rates in high value cases
Kerry Underwood discusses a recent High Court judgment which makes some thorough comments on proportionality, guideline hourly rates and other issues in assessing costs budgets. What could it mean for costs management?
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FeatureThis is the future
Tony Guise provides a taster of what to expect at his session at the Section spring conference on 21 April, on the future of the civil courts
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FeatureMediation: Preparing to mediate (part 2) - On the day
In the second of a three-part series on effective mediation strategies, Amanda Bucklow considers how you can make the mediation day the best opportunity for certainty of outcome for your client.
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FeatureMediation: Preparing to mediate (part 1)
There are several strategies that legal professionals can adopt before, during and after a mediation which will ensure the best possible use of your time and resources. In the first of a three-part article, mediator Amanda Bucklow shares her top pre-mediation day planning tips
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FeatureMediation: Preparation and good practice
Mark Jackson-Stops, mediator and founder of mediation chambers In Place of Strife, provides an in-depth guide to the vital points you and your client must consider prior to mediation
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AnalysisThe biggest contentious probate cases of 2016 so far
Roman Kubiak, partner at Hugh James, takes a look at some of the most notable cases in the contentious trusts and probate field over the last few months.
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News83rd update to the CPR now in force - what's new?
The 83rd update to the Civil Procedure Rules has been published, with the majority of the amendments coming into effect on 1 and 6 April 2016. Cait Sweeney guides you through the key changes you need to know about
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AnalysisGreat news for claimants? Fixed costs trumped by part 36 offer
Lord Dyson has ruled that assessed costs should trump fixed costs where claimants secure more than they had offered to settle for, and said that parliament had not intended to create a scheme to penalise claimants when it had established a fixed costs regime
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FeatureThinking of applying to the bench? A civil litigator's journey
After over 20 years as a solicitor and civil litigator, Keith Etherington has made the leap to a full-time judicial position. He speaks about his journey to the bench, and offers in-depth practical advice on the process - and the skills and experience the JAC is looking for
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FeatureKerry Underwood: making fixed fees work
Kerry Underwood gives some practical and frank advice on how to survive in the new world of fixed recoverable costs. At the right price, can they actually reward solicitors?
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FeatureThe firm that is making DBAs a success
The legal profession has, for the most part, given damages-based agreements a wide berth since their inception in 2013. Richard Spector explains how ELS Legal is going against the grain by making them an attractive and successful funding option for his firm and clients alike
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FeatureChanges to the European Small Claims Procedure announced
More citizens and small firms will be able to use the simplified EU procedure to resolve low-value disputes across borders
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Feature'Unaffordable to most'
The Lord Chief Justice’s 2015 annual report has bemoaned the soaring costs of justice. Rosie Ioannou of litigation funders Vannin Capital, shares her thoughts on the report’s findings - are fixed fees the way forward?