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Judge rejects bid to move case out of IPEC because of claimant’s need for costs protection

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A defendant’s bid to transfer a case from the Intellectual Property Enterprise Court (IPEC) to the High Court has been dismissed because of the costs risk the SME claimant would then face. His Honour Judge Hacon said it was a case where the claimant’s “practical ability to retain access to the courts requires protection”.

June 28th, 2017

Rule committee opts for straightforward approach to hot-tubbing

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Concurrent expert evidence – known as hot-tubbing – should only be carried out in the “classic” manner where experts are sworn and give evidence at the same time, the Civil Procedure Rule Committee has decided. It decided against an alternative approached that embraced “the full range of methods”.

June 27th, 2017

Solicitors’ LLP not a litigant in person when acting for itself in proceedings, Court of Appeal says

Sir Terence Etherton

A law firm LLP which acted for itself in legal proceedings is not a litigant in person for the purposes of the CPR, the Court of Appeal has held. The Master of the Rolls, Sir Terence Etherton, said that the common law principle established in 1884 that a solicitor who acts for himself can recover his profit costs, continued to hold good.

June 26th, 2017

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Formal regulation – a price worth paying for third-party funders

Christopher Deadman 2

The comments by Lord Faulks QC last week that third-party litigation funding is “in danger of undermining the integrity of our much-admired legal system”, has been met with predictable howls of derision by those involved in the industry. The issue of statutory regulation or licensing has been on the agenda for a while but the creation of the Association of Litigation Funders, with its voluntary code of conduct has gone some way to persuading the Ministry of Justice (before the election, at least) that this is not necessary for the time being.

June 13th, 2017

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