The personal injury claims process in England and Wales is combative and often involves inflated opening offers on the claimant side, while claimant lawyers suspect defendants engage in similar tactics such as raising defences they know lack merit, according to academic research.
Cases could one day be heard before joint international commercial courts, involving tribunals made up of judges from each jurisdiction, according to an idea “thinking the unthinkable” floated by the Lord Chief Justice of England and Wales. He has also set in motion the creation of a forum of commercial courts to bring a common approach to the resolution of international disputes.
The NHS Litigation Authority (NHSLA) has until the end of next month to settle cases and avoid paying extra tax on ATE premiums, a leading insurer has warned. Paul Hurley said premiums paid at the lower rate of 6% must reach ARAG by 31 January 2016.
MPs have set up an all-party parliamentary group to promote the use of ADR as a way of solving legal disputes. Its chair, Conservative MP John Howell, said he hoped the group would “help change the culture in the UK” in favour of ADR.
The courts should embrace IT and the internet in ways that improve access to justice and make scarce resources go further, if the values embodied in Magna Carta are to be realised, according to a senior judge.
Litigation funders are predicting far-reaching changes following the introduction of the Consumer Rights Act which comes into force today, particularly as a consequence of the collective redress regime that it ushers in.
Lord Justice Jackson has been carrying out ‘research’ into the operation of costs budgeting in advance of a lecture next month, the Judicial Office has confirmed.
The new rule on fundamental dishonesty in personal injury actions, which comes into force today under section 57 of the Criminal Justice and Courts Act 2015, brings with it “a lot of potential for satellite litigation”, a leading defence lawyer has warned.
Nearly three-quarters of personal injury specialist solicitors say the 10% uplift in general damages introduced to compensate for the LASPO changes is insufficient to cover the additional costs that claimants now have to meet, according to a survey.
After-the-event (ATE) insurance premiums are not part of the “costs of an appeal” to the Supreme Court, Lord Neuberger has ruled. There needed to be an “agreement or specific statutory sanction” that it should be recoverable.