General

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First opt-out class action withdrawn after damages found to be insufficient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

MDU calls on GPs to lobby election candidates over discount rate

CMT

The Medical Defence Union has launched a campaign called ‘Save General Practice’ to push for changes to the personal injury discount rate. The MDU called on doctors to raise the issue with election candidates. It was one of several responses to the government consultation that has recently closed.

May 17th, 2017

Sumption: Supreme Court pulling back from broad construction of contracts

Lord Sumption

Lord Sumption has called for a return to a more straightforward approach to how judges construct contracts that focuses on the words rather than trying to work out what the parties intended by looking at the surrounding circumstances.

May 16th, 2017

High Court rejects litigation privilege claim in test case

rcj 3

The High Court has rejected a mining company’s claim for litigation privilege in a test case which for the first time involves potential criminal, rather than civil, litigation. Accepting that the claimant believed an investigation by the Serious Fraud Office was imminent, Mrs Justice Andrews said such an investigation was not “adversarial litigation”.

May 10th, 2017

Top judge struggling to stem woman’s efforts to unseal Princess Margaret’s will

Princess Margaret credit David S Paton

There is no kind of order available to prevent a woman who claims to be the late Princess Margaret’s daughter from bringing repeated “nonsensical” claims in an effort to unseal her will, the president of the Family Division has found.

May 2nd, 2017

Former top judge sounds alarm over “flawed and rushed” discount rate consultation

Sir Henry Brooke

A former senior judge has expressed alarm at the way the government is rushing to “neutralise” the impact of the Lord Chancellor’s decision to cut the discount rate to -0.75%, based on what he says is a flawed consultation and without considering the effect on injured people.

April 6th, 2017

Competition tribunal rejects bid to throw out first opt-out class action application

Mr Justice Roth

The Competition Appeal Tribunal has rejected strenuous attempts to dismiss the first application to certify an opt-out class action under the new collective proceedings procedure. The tribunal said the fact that the impetus for the action came from the claimant’s solicitors was not objectionable

April 5th, 2017

Blog

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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