- Thursday, 22 February 2018
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”.
Tags: disclosure, e-disclosure LSD, High Court
Posted in Disclosure, News, Procedure
- Thursday, 25 January 2018
Commercial barristers “of the highest quality” who refuse to become judges will “destroy the very infrastructure that has allowed them to prosper”, the chancellor of the High Court has warned. Sir Geoffrey Vos noted the salary gap between judges and leading commercial lawyers, but said judicial salaries were still good.
Tags: High Court, judges, judicial recruitment
Posted in General, News
- Thursday, 7 December 2017
The High Court has ruled that a set of litigation funding documents were protected by privilege because they inferred the substantive legal advice that had been given in the underlying dispute. The court also said that it was “not part of our law as to disclosure that every conceivable stone must be turned over”.
Tags: High Court, legal advice privilege, Litigation Funding
Posted in Funding, News, Third party
- Thursday, 30 November 2017
The High Court has made it clear that the additional 10% uplift on damages the courts can award for beating a part 36 offer means an uplift on damages plus basic interest. It also said the court’s focus under part 36 must be “upon the conduct of the litigation”, and not on “whether the claimant had led a blameless life up until the moment when a tort was committed against him”.
Tags: High Court, part 36
Posted in Costs, General, News
- Friday, 19 May 2017
It is not “wrong in law” for judges to amend transcripts of judgments to better explain the reasons behind their decisions, the High Court has held. It said judges “may properly be asked to clarify or amplify the reasons originally given in a judgment” even after delivery of that judgment.
Tags: High Court, judiciary
Posted in News, Procedure
- Friday, 15 July 2016
The High Court has ruled that a claimant’s Part 36 offer was a counter-offer, meaning that an earlier common law offer by the defendants no longer remained open for acceptance. Andrew Hochhauser QC, sitting as a High Court judge, said there was “apparently no authority directly on the point”.
Tags: counter-offer, High Court, part 36
Posted in Costs, News, Uncategorized
- Tuesday, 12 July 2016
The High Court has described the cost savings that can be achieved by using predictive coding for disclosure rather than a standard keyword search as “extremely significant”. Mr Registrar Jones was giving the first reported ruling on a contested application for predictive coding.
Tags: disclosure, High Court, predictive coding
Posted in Disclosure, News
- Thursday, 16 June 2016
A High Court judge said it was “wholly unrealistic” for a law firm defending a breach of contract claim to expect solicitors to issue the claim form “just before or on Christmas Eve”. Roth J said The Khan Partnership was guilty of a “flagrant breach of the rules”.
Tags: CPR, High Court, time extensions
Posted in General, News
- Thursday, 19 May 2016
A defendant cannot withdraw an admission of liability because the value of a claim has increased, the High Court has ruled. Mrs Justice Laing said the defendant had taken a “commercial decision to avoid the costs of fighting liability”.
Tags: High Court, liability, personal injury
Posted in News
- Monday, 16 May 2016
The NHS Litigation Authority has been ordered by the High Court to pay indemnity costs after sending a last-minute surveillance video to the claimant’s lawyers which resulted in a trial being vacated. Mr Justice Foskett said he understood why the claimant’s lawyers believed they were victims of a “deliberate ambush”.
Tags: High Court, indemnity costs, NHSLA, personal injury
Posted in Costs, News