General

Merricks fights on in landmark £14bn Mastercard consumer claim

Mastercard Credit Cards.

Lawyers for one-time Law Society official and Chief Financial Services Ombudsman Walter Merricks have filed an application for permission to appeal the Competition Appeal Tribunal’s decision to dismiss the proposed £14bn collective action against Mastercard.

August 14th, 2017

Arguments over judicial bias should not be based on “feelings of client”, says incoming LCJ

Lord Justice Burnett

Arguments over “apparent bias” in judges should be based on the view of a “fair-minded and informed observer” and not the feelings of clients, Lord Justice Burnett has said. Burnett LJ, who takes over as Lord Chief Justice in October, told the Court of Appeal: “The party who seeks to bounce a judge from a case may be fair-minded and informed but may very well lack objectivity.”

July 27th, 2017

Lord Thomas: We need 100 new High Court judges

Lord Thomas_crop

Over 100 new High Court judges could be needed in the next five years because of retirement and promotion, the Lord Chief Justice has predicted. Lord Thomas described the end of transitional pension protection for judges by 2021 as a “potential ‘time bomb’”.

July 19th, 2017

Court Service records £100m ‘profit’ from civil litigation for first time

Courthouse

The civil courts recorded a surplus of more than £100m in 2016-17, their biggest profit to date, according to the annual report of HM Courts and Tribunals Service. It is only the second year where the civil courts have been in surplus, a still new concept.

July 18th, 2017

Business and Property Courts to give impetus to resolving cases in regional centres

David Lidington

The launch of the Business and Property Courts of England and Wales – the new name for the specialist business courts – will see a greater focus on High Court work being handled in the regions and the cross-deployment of judges, the new Lord Chancellor said today.

July 5th, 2017

Financial markets test case pilot to be extended despite no cases in nearly two years

Rolls Building

The financial markets test case pilot scheme is to be extended in time and scope because senior judges have seen its value – even though not a single case has gone through it in nearly two years. It could prove especially useful in dealing with issues that arise from Brexit, it is said.

June 26th, 2017

Judge warns of costs sanctions for parties that drowned him in skeletons and bundles

The pile of file binder with papers

A High Court judge has described as “absurd” the conduct of parties in an employment dispute that produced thousands of pages in bundles – but only referred to 100 of them – and skeleton arguments more than seven times the expected length. Mr Justice Garnham warned that he was likely to penalise them in costs.

June 14th, 2017

Firms leading huge VW emissions scandal claim forge links with European counterparts

Volkswagen logo

The law firms running a huge group action against Volkswagen over the car emissions scandal have joined forces with a Dutch organisation that yesterday launched proceedings against VW in the Netherlands, as part of efforts by claimant firms across Europe to co-ordinate their actions.

June 14th, 2017

First opt-out class action withdrawn after damages found to be insufficient

Mr Justice Roth

The first attempt to bring an opt-out class action has failed after a decision of the Competition Appeal Tribunal that meant the claim would not be worth enough money to proceed. It will nonetheless help others bringing class actions, including the finding that the fact the impetus for the case came from the solicitors was not objectionable.

June 5th, 2017

Judges “need neutral assistance” in commercial cases, says Lord Chief Justice

Lord Thomas_crop

The legal profession’s objections to judges having access to neutral assistance from a third party when facing specialist commercial or scientific matters in court need to be overcome, the Lord Chief Justice has said. He also revealed that the judiciary was “revisiting the rather neglected use of judges as arbitrators”.

May 19th, 2017

Blog

Third-party funders – access to justice warriors?

Christopher Deadman 2

Comments on UNISON’s landmark victory against the government in respect of employment tribunal fees got me thinking about the whole ‘access to justice’ argument and the role that third-party funders play. I have sat in lots of meetings over the years where funders, some even with a straight face, claim that access to justice is a cornerstone of their business. That is a statement of almost North Korean bogusness. Funders who trot out the access to justice argument are guilty of conflating the by-product of their business with the

August 17th, 2017

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