Procedure

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

Litigators evenly split on impact of Brexit

City of London

Litigation lawyers in London are fairly evenly split on whether Brexit will lead to a “significant flight of work” to other jurisdictions, a survey has found. The survey underlined the strength of opposition from commercial lawyers to fixed costs. Lord Justice Jackson is to publish his report on the issue this morning.

July 31st, 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

QC proposes ‘no disclosure’ rule for arbitrations

Peter Rees QC

Arbitrations should begin with a default position of no disclosure of documents, a leading QC has argued. Peter Rees QC said for many disputes, each side had “all the documents it needs” and disclosure was a “time-consuming and expensive luxury”.

July 21st, 2017

Jackson urges solicitors to sort out accidental disclosure of privileged material between themselves

Lord Justice Jackson

Litigators should sort out the inadvertent disclosure of privileged documents in a grown-up manner without taking up the time of the court, the Court of Appeal has ruled as it granted an order to delete a privileged email that had been accidentally handed over.

July 20th, 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

Rule committee takes ‘softly, softly’ approach to expanding approach to hot-tubbing

Jacuzzi

The Civil Procedure Rule Committee agreed minor variations that judges can adopt in orders for concurrent expert evidence – known as ‘hot-tubbing’ – but acknowledged the changes it has approved to the CPR are “not as radical” as had been recommended by the Civil Justice Council.

July 14th, 2017

Shorter trials scheme case keeps costs under control

Mrs Justice Carr

A contractual dispute between an oil trader and a biofuels manufacturer has shown the “possibilities for swift and litigation” under the High Court’s shorter trials scheme. The scheme sees the case managed by a docketed judge with a trial date fixed for not more than eight months after the case management conference and judgment within six weeks.

July 11th, 2017

Rule committee warns lawyers they risk “a solution being imposed” on credit hire cases

car crash - bashed car

The Civil Procedure Rule Committee has warned lawyers involved in the “highly contentious area” of credit hire litigation that if they fail to agree a new model order for directions, they risk “a solution being imposed”. Meanwhile, the High Court had similarly harsh words for insurers and credit hire companies, accusing them of “fighting a forensic war of attrition”.

July 6th, 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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