News

Government “to remove obstacles” to greater take-up of PPOs, says Keen

Lord Keen

The government will look to remove “avoidable obstacles” stopping the greater use of periodical payment orders, Ministry of Justice spokesman Lord Keen said yesterday. He also reassured claimant lawyers that the government “is fully committed to the 100% compensation principle”.

April 18th, 2018

SRA bans unqualified litigator from profession over costs claims

SRA reception sign

The Solicitors Regulation Authority has banned an unqualified litigator from working in the profession after trying to recover costs to which his firm was not entitled. The decision comes shortly after the owner of the Manchester law firm was himself suspended for three years by a disciplinary tribunal.

April 17th, 2018

Technology and case officers will make your lives better, Lord Chief Justice tells district judges

Lord Justice Burnett

The various pilots being run in the courts to test digital ways of working are already showing very positive signs, the Lord Chief Justice has revealed. But, speaking to Association of District Judges annual conference, Lord Burnett also acknowledged “the very real difficulties” its members faced.

April 17th, 2018

NHS implements “novel protocol” to speed mesh implant claims

surgeons

The NHS has adopted what has been described as “a novel protocol” to deal with medical negligence cases involving traumatic complications following mesh implant surgery, in anticipation of further legal claims. The protocol concerns claims relating to pioneering operations carried out privately.

April 17th, 2018

High Court: security for costs application cannot be used to avoid enforcement of arbitration award

rcj 3

A security of costs application relating to a court challenge to an arbitration award cannot be used as a way of avoiding enforcement of the award, the High Court has ruled. Mr Justice Picken said the position was no different because a litigation funder was involved.

April 12th, 2018

Prepare for problems with new electronic bill, say costs lawyers – but don’t panic

Iain Stark - Weightmans shot

The Association of Costs Lawyers has sought to calm fears about the electronic bill of costs – which became compulsory in the county court and Senior Courts Costs Office from last Friday – even though it said significant teething problems “are likely”.

April 10th, 2018

Solicitor outlines serious MedCo shortcomings after own whiplash injury

Shelyna Mariscal

A personal injury solicitor who herself suffered a whiplash injury has urged fellow practitioners to step up challenges to inaccurate medical reports and report them to MedCo on every occasion, after finding her own report riddled with errors. She said the faults in the process made it inevitable that claimants would face allegations of dishonesty.

April 9th, 2018

Listed funder targets shutdown by end of 2018

Lord Brennan QC

Litigation funder Juridica is on course to wind up at the end of this year, with just seven investments still live, although it has had to write off a $2m stake in a patent business. The AIM-listed company, which is chaired by Lord Brennan QC, began winding down in November 2015 citing a lack of scale.

April 9th, 2018

Edmonds speaks of “relief” at securing third-party funding for £60m Lloyds Bank claim

Noel Edmonds

TV presenter Noel Edmonds has spoken of his relief at receiving the backing of a third-party litigation funder in his long-running dispute with Lloyds Banking Group – while also being clear that he is not on a crusade and is prepared to settle.

April 6th, 2018

Solar power settlement is “largest ever” Human Rights Act payment

Beach sunset scene

A law firm has said it has helped obtain the “largest ever sum” recovered by a Human Rights Act claim, after the government settled longstanding litigation by solar energy companies at just under £60m. The Department for Business, Energy and Industrial Strategy confirmed that it had made the payment.

April 5th, 2018

Litigant in person’s “tittle tattle” claim needs a proper hearing, says judge

Royal Courts of Justice

A litigant in person’s contentious probate claim, part of which was dismissed by a High Court master as “no more than tittle tattle”, needs a proper hearing, a judge has decided. He said the claimant did not have “proper notice” that she was facing an application for summary judgment.

April 5th, 2018

High Court: Viola player can claim damages for “acoustic shock”

Royal Opera House

A viola player whose hearing was damaged during a rehearsal of Wagner’s Ring Cycle at the Royal Opera House can claim damages for “acoustic shock”, the High Court has ruled. Christopher Goldscheider is believed to be the first person in the music industry to have made a successful claim for acoustic shock.

April 3rd, 2018

Not for the court to redraft pleadings, High Court says as it strikes out defence

Royal Courts of Justice

It is not the court’s role to redraft pleadings in the hope of producing an “intelligible defence”, the High Court has said. Edward Pepperall QC, sitting as a High Court judge, said a 55-page amended defence drawn up by a solicitor bore “no resemblance to a professionally prepared statement of case”.

March 29th, 2018

Merseyside firm gathers evidence for Facebook data breach claims

Kingsley Hayes

A specialist firm in Bootle, Merseyside, is gathering evidence for a potential Facebook data breach group action, it has emerged. Kingsley Hayes, managing director and owner of Hayes Connor Solicitors, an alternative business structure, said the firm had received “hundreds of enquiries”.

March 29th, 2018

Boxing promoter Warren loses twin challenges to CFAs

Frank Warren

Boxing promoter Frank Warren has failed in his effort to avoid paying his solicitors under conditional fee agreements (CFAs) where he did not receive any damages or costs despite winning his case. The case also saw a Senior Courts Costs Office judge apply the Court of Appeal’s recent ruling in Budana, allowing the assignment of CFAs.

March 28th, 2018

Blog

The increasing appetite for third-party funding in Europe

Ross Nicholls

Although investors in common law jurisdictions have for sometime recognised litigation as an asset worth investing in, litigation funding remains less prominent in the civil law jurisdictions of mainland Europe. However, the European appetite is beginning to shift in favour of litigation funding, and many large dedicated funds active in common law jurisdictions such as the US, UK and Australia are starting to provide third-party capital to claimants with strong cases.

April 10th, 2018