REUTERS | Vasily Fedosenko

The new electronic filing system in the Rolls Building started out with an initial trial that began with the Technology and Construction Court (TCC) in June 2015 and was later rolled out to the Chancery Division, Admiralty & Commercial, and the Bankruptcy & Companies Courts in October 2015. As the trial has progressed and enhancements have been made to the system, the take up has been growing steadily. The efficiencies that this system can bring to the filing process for both HM Courts and Tribunal Service (HMCTS) and the legal community, alongside the growing success of the trial, have made it inevitable that the system would at some point be mandated. The process began in October 2016 with the court no longer accepting documents by email and then, on 15 December 2016, it was announced that e-filing would become mandatory on 25 April 2017, for legal professionals, in all of the jurisdictions in the Rolls Building. Continue reading

REUTERS | Ramzi Boudina

Time and tide wait for no man; they certainly don’t wait for litigants. The Court of Appeal’s judgment in Wright v Lewis Silkin LLP reminds us of the truth in that aphorism: Mr Wright learned the inherent value in litigation proceeding timeously, a lesson quite literally knocked home for him by “the wise Indian” who forms one interesting part of the interesting whole of the facts in the case. Continue reading

REUTERS | Kai Pfaffenbach

The world is becoming increasingly e-centric. Many of us struggle to remember a time when we could not shop and bank online, communicate via social media, or undertake a range of “life admin” tasks at the click of a mouse or swipe of a screen. Against this backdrop, it is perhaps unsurprising that a growing number of jurisdictions worldwide are now exploring electronic case management (ECM), online dispute resolution (ODR) and other e-justice initiatives. Continue reading

REUTERS | Max Whittaker

It has been a busy year for the Practical Law Dispute Resolution blog and we are taking a short break until Tuesday 3 January 2017.

In the meantime, please do enjoy reflecting on key cases from the year that has been by indulging in our top ten tips from 2016.

On behalf of all of the team at Practical Law Dispute Resolution, we wish our readers and contributors a very merry Christmas, and, of course, a happy and prosperous New Year.

Practical Law Dispute Resolution Jack Meek
REUTERS | Ali Jarekji

CPRC Snippets: November 2016

Papers from the November 2016 Civil Procedure Rule Committee (CPRC) meeting were circulated on 13 December 2016, along with the approved minutes.

Topics under consideration included:

  • CPRC sub-committees.
  • The use of legal advisers.
  • References to the European Court.
  • Tackling “schedule” rules.
  • Applications for permission to issue a warrant of possession in the County Court.
  • Appeals.

There were also a couple of “mystery” items, on which the minutes and papers have been redacted. Continue reading

REUTERS | Thomas Peter

The on-going litigation between Mr Holyoake and the Candy brothers has recently produced further interesting debate. The most recent decision of Nugee J, on 29 November, which determined the defendants’ application for security for costs, considered the construction of a settlement and the adequacy of after-the-event (ATE) insurance. However, the issue on which this blog focuses is the court’s consideration of the law on abuse of process. Continue reading