Foreseeable Losses From Negligent Solicitor’s Advice
Introduction In the recent Court of Appeal case of Haugesunde Kommune and another –v- Depfa ACS Bank (2011) EWCA Civ 33, an appeal was allowed which overturned an order against Norwegian Solicitors to...
View ArticleMaster of the Rolls is critical of super-injunctions
The “super-injunction”, the friend of errant footballers and wayward celebrities alike has been given short shrift by the Master of the Rolls, Lord Neuberger. To many the super-injunction sprung to...
View ArticleThe impact of indemnity insurance on success fees and conditional fee agreements
Introduction In the recent Court of Appeal case of Sousa –v- Waltham Forest London Borough Council [2011] EWCA Civ 194, the Court considered whether a claimant was entitled to recover a success fee...
View ArticleUpdate on the Jackson Reforms
Yesterday, the House of Lords rejected all proposed amendments to the conditional fee elements of the Legal Aid, Sentencing and Punishment of Offenders Bill 2010-2011 (containing the so-called...
View ArticleService by Facebook
The idea of the legal profession being antiquated has been thrown another curve ball this week by Mr Justice Teare who agreed that in England and Wales it is now possible for High Court claims to be...
View ArticleProportionate Costs
A new definition of ‘proportionate’ costs is to be unveiled by Lord Neuberger, Master of the Rolls, later this month. Current Definition What is ‘proportionate’ is the guiding principle for all...
View ArticleLegal Aid, Sentencing and Punishment of Offenders Bill Receives Royal Assent
The Legal Aid, Sentencing and Punishment of Offenders (“LASPO”) Bill was granted Royal Assent on 2 May 2012. The Bill has not had a smooth journey through Parliament, with the proposed amendments...
View ArticleDelay in Publication of Civil Justice Reforms
The Civil Procedure Rule Committee has today announced it is unlikely the Statutory Instrument implementing the procedural aspects of the Civil Justice Reforms will be published in December 2012 as was...
View ArticleLord Neuberger Out Ranks Justin Bieber
I would hazard a guess that the pairing of the President of the Supreme Court, the most senior Judge in England and Wales, in the same headline as the world’s most prolific teenage heart-throb was one...
View ArticleJackson Reforms – arriving in a rush
Despite some strong criticism of the rush, the Government has confirmed that the Jackson reforms will definitely come into effect on 1 April 2013. During a House of Lords debate on 26 February 2013...
View ArticleThe Blur of the Legal Aid Reforms
As many will be aware, the Government is planning to outsource criminal legal aid. The Ministry of Justice will be responsible for the running of tenders in around 42 regions in order to reduce the...
View ArticleThe Cost of Interventions
The Solicitor’s Regulation Authority is anticipating a significant increase in the number of interventions in coming years. The peak of interventions was in 2009 with 97 firms being intervened by the...
View ArticleVirgin Trains’ challenge
Virgin Trains’ challenge to prevent the Department for Transport (DfT) signing a contract stripping it of the West Coast Mainline franchise is unlikely to have escaped your attention this week. The...
View ArticleJackson Update Following Recent Mitchell and Durrant Decisions
The decision in Mitchell v News Group Newspapers [2013] ECWA Civ 1537 (“Mitchell”), which clearly demonstrated the Court’s strict interpretation of the Jackson Reforms, has been upheld in the case of...
View ArticleRelief From Sanctions
Following his recent decision in Karbhari & Anor v Ahmed [2013] EWHC 4042 (QB), Turner J has followed the hard-line the courts are now taking in respect of failure to adhere to directions in the...
View ArticleRelief From Sanctions – even though there was no sanction
In a decision from last week, Turner J. extends the reach of the Mitchell decision to apply to directions which ostensibly do not have a default sanction. The decision in the case of Webb Resolutions v...
View ArticleMore Relief from Sanctions – Turner J emphasises that prejudice is no longer...
I do wonder whether anyone could have foreseen the far-reaching fall out from the day Mr Mitchell attempted to exit Downing Street with his bicycle through the main gate! What started out as a tabloid...
View ArticleJackson Reforms – further decisions affecting litigants in person
The High Court has handed down a decision in respect of an application to strike out a claim as a result of failure by the Claimant, a litigant in person, to comply with rules and court orders. The...
View ArticleOut-sprinted by Mitchell
It is not just politicians who are being caught out by the strict deadlines being imposed by the Courts; it would appear even Olympic athletes can fail to be quick enough to meet them as Linford...
View ArticleMitchell – Damaging to Litigation
2013 was always billed as the year that would alter the litigation landscape, but it was all supposed to be due to Lord Justice Jackson and his reforms; however the former Government Chief Whip’s, or...
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