Procedure

Brexit already turning businesses away from resolving contract disputes in UK

Brexit Direction Sign

Brexit may result in a “substantial minority of businesses” changing from having their contractual disputes heard in the UK to being heard in EU courts, according to new research. Some 35% of businesses surveyed said they have already changed jurisdiction and choice of law clauses.

July 23rd, 2018

Organised schemes push mediation accelerator

Graham Massie

Organised schemes are driving the 20% rise in mediations undertaken in England and Wales over the past year, according to the Centre for Effective Dispute Resolution. CEDR estimated that £11.5bn worth of commercial claims were mediated in the past year.

July 23rd, 2018

Lawyers could be forced to share notes of hearings with litigants in person

Lucy Frazer MP

A new rule giving judges the power to order lawyers to share notes of hearings with litigants in person is being proposed by the Ministry of Justice as part of its ‘open justice’ plans. Another new rule would put the parties under an explicit obligation to disclose to the other side communications with the court.

July 17th, 2018

Neuberger urges peers not to impose “straightjacket” on judicial delegation

Inaugural Harbour Litigation Funding Annual Lecture - 8 May 2013

Lord Neuberger, former president of the Supreme Court, has called on peers to reject restrictions on the ability of judges to delegate work under the Courts and Tribunals Bill. He was responding to renewed attacks on the bill by Baroness Chakrabarti, the shadow Attorney General.

July 17th, 2018

“No need” for judge who rejected permission to appeal to recuse herself from hearing

rcj 2

There was no need for a judge who rejected permission to appeal on paper to recuse herself from the full hearing, the Court of Appeal has ruled. It is the first the time the Court of Appeal has been asked to consider the possibility of apparent bias in relation to an appeal heard by a single judge.

July 12th, 2018

Claim against law firm within limitation period despite “unconnected” abuse of process

rcj 3

A professional negligence claim was brought within the limitation period despite an “unconnected” abuse of process over the court fee paid, the High Court has held. Providing an incorrect statement of value on the claim form “for tactical reasons” was abuse, but not “sufficiently egregious” for the claim to be struck out.

July 11th, 2018

Five new judges for High Court but spaces still to fill

Sarah Falk

The first five of 10 new High Court judges were announced yesterday – including two solicitors from magic circle law firms – but the Judicial Appointments Commission was unable to find enough candidates of sufficient quality among the 52 who applied to fill all the vacancies on the bench.

July 10th, 2018

Burnett calls for urgent action over shortage of High Court judges

Lord Burnett

There is an “urgent need to act now” to make the High Court bench an attractive destination for lawyers as it struggles with fewer judges than it should have, the Lord Chief Justice said yesterday. The High Court’s statutory complement is 108 but currently there are only 93 judges.

July 5th, 2018

Ministry of Justice admits to £9m court fee overcharging

Lucy Frazer MP

The Ministry of Justice today admitted to overcharging court users for certain types of cases, and is to both reduce certain court fees and refund those who have overpaid. It said it was reviewing the methodology for setting court fees.

July 4th, 2018

New flagship criminal and civil court to be built in heart of legal London

David Gauke

A new flagship court is to be built in the heart of legal London to tackle cybercrime, fraud, and economic crime, and also replace the Mayor’s and City of London County Court, and City of London Magistrates’ Court.

July 4th, 2018

Blog

A golden opportunity for the ATE market to innovate

Enrique Gomez Head of ATE DAS UK Group

With the key judgement in the BNM v MGN case not expected until the end of the year, and decisions in the fixed recoverable costs arena not due until 2019, the after-the-event (ATE) insurance sector – already burdened by ever-changing regulation – is playing something of a waiting game. But this could be a golden opportunity for the ATE sector – the chance to take advantage of what might otherwise be a relative lull in activity period to set in motion a time of self-analysis and transformation, to develop plans for what the future of ATE insurance will look like.

July 16th, 2018

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