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”.
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’”.
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.
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”.
Lawyers and other users of the new media and communications list are unhappy with how the Civil Procedure Rules apply to the field, and particularly costs budgeting, according to the outcome of a consultation launched by Mr Justice Warby.
A solicitor has been fined £7,500 for making false claims about being in possession of documents in personal injury cases – misconduct which a psychiatrist attributed to an illness that temporarily affected her ability to work.
Insurer loses bid to appeal indemnity costs issue in unusual case where expert agreed to cover its costs
An insurer has failed to convince a judge that a medical expert who agreed to cover its costs in a whiplash case should be ordered to pay on the indemnity basis. Ageas Insurance appealed against the ruling at Liverpool County Court, but the appeal was rejected by the High Court.
Research has shown widespread disaffection among in the judiciary with working conditions, including findings that almost half of High Court judges would quit the bench early if possible. Nearly twice as many judges in 2016 felt like going than did two years earlier.
A pilot adjudication scheme for professional negligence claims has been re-launched with an expanded format a little over a year after it first began, following “insignificant” take up. The voluntary scheme has the backing of the Ministry of Justice as well as claimant and defendant lawyers and the Association of British Insurers.
The growth of arbitration as a means of resolving commercial disputes has retarded the development of the common law and the balance between the two should be re-examined, according to the Lord Chief Justice. He said the law had gone “too far” in favouring arbitration over “the development of the common law”.
We look at two cases where the courts have had to strike the right balance between supporting arbitrations whilst also recognising their independence and jurisdictional limitations.