Rule committee declines to consider contempt question over solicitors who act on fraudulent claims

Mr Justice Warby

The Civil Procedure Rule Committee has rejected a High Court judge’s suggestion that it consider whether solicitors who sign statements of truth on behalf of fraudulent clients could be held in contempt of court. Mr Justice Warby said the rules were not clear on whether this was possible.

March 13th, 2018

City firm foresees big future for predictive coding after client wins case

Oliver Glynn Jones

The City law firm that won the first contested application to use predictive coding as part of a substantial document review exercise has proclaimed the exercise a success and a precursor to its wider use after its client won.

March 12th, 2018

Disclosure reforms could lead to “miscarriages of justice”, Law Society warns

Law Society - Front2

The Law Society has warned that radical disclosure reforms, due to be piloted in the Business and Property Courts this autumn, could lead to important documents not coming to light and “increase the risk of miscarriages of justice”.

March 7th, 2018

New disclosure regime “set to cause problems” for professional negligence claims

Helen Evans 4 New Square

Professional negligence claims will become harder to handle under the new approach to disclosure which will be piloted later this year in the Business & Property Courts, particularly for defendants, a barrister has warned. She identified front-loading of costs, imbalance between the parties, and disclosure of adverse documents as potential problems.

March 5th, 2018

High Court rejects non-party litigation privilege claim

rcj 3

An attempt to claim litigation privilege by global mining and commodities giant Glencore, in a case where it was not the party to proceedings, has been rejected by the High Court. It said there was no authority for the proposition that “a person controlling litigation can assert litigation privilege against a party which it is controlling and who is the party to the proceedings”.

February 27th, 2018

High Court orders manual document search in $65m damages claim after concerns over computer review

3d dosiier popping out from a laptop screen

A High Court judge has ordered a manual search of tens of thousands of documents in a $65m breach of warranty case because of concerns over the claimants’ approach to computer-assisted review. Mr Justice Coulson said disclosure had been “something of a running sore in this case”.

February 22nd, 2018

Supreme Court: No dispensation for LiPs in complying with rules and orders

Lord Sumption

A lack of representation may mean that litigants in person (LiPs) are afforded some latitude in case management decisions and in hearings, but it will “not usually justify” applying a lower standard of compliance with rules or court orders, the Supreme Court said today.

February 21st, 2018

Court of Appeal castigates judge who thought litigant with severe depression was “putting on act”

Gloster LJ

A senior circuit judge who “clearly thought” that a litigant with severe depression was “putting on an act” has been strongly attacked by the vice-president of the civil division of the Court of Appeal. Lady Justice Gloster said the judge “did not explain why he felt able to reject the doctor’s view” of the “plainly ill” litigant.

February 15th, 2018

CPRC backs rule changes to ensure courts sit in public

Private Sign on a Door

The Civil Procedure Rules Committee has backed rule changes to ensure that courts sit in public “irrespective of the parties’ consent” unless certain strict conditions are met. Its open justice subcommittee said there was no “right” to a private hearing, for example where personal finances were being discussed, and a “change of culture” was needed.

February 13th, 2018

NHS Resolution calls for compulsory ADR before issue and “cards on the table” from claimants


Parties should be required to engage in a form of alternative dispute resolution (ADR) before the issue of proceedings, NHS Resolution has argued. It also “strongly” advocated the disclosure of liability and quantum reports prior to issue.

February 6th, 2018


Here today, gone tomorrow

Andy Talbot Arag

In 2016, it was AU Insurance Services. Last summer, it was Elite Insurance Company. Already in 2018, New Zealand’s CBL Insurance Limited has collapsed, leaving Alpha Insurance A/S in solvent liquidation and run-off. Often, it seems, these failures impacting the legal expenses sector get associated with the after-the-event insurance market, somehow remote from the majority of brokers. But most legal expenses underwriters, wherever they are based, will have feet in both after- and before-the-event camps. The precise causes and circumstances of these failures (and the several others that have occurred in between them) may be very different, but they have all left brokers, other intermediaries and their clients in the lurch.

March 15th, 2018

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John M Hayes

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