In July 2022, the Ministry of Justice (MoJ) released a consultation on Increasing the use of mediation in the civil justice system, which outlines proposals for mediation to be a compulsory element of all small claims track County Court proceedings. This would extend to all claims under £10,000 that were in the small claims track as well as personal injury and housing disrepair claims, although at the lower small claims track level for this type of litigation.
Clients increasingly ask for “alternative fee” options, and most lawyers are now well-versed in discussing litigation funding as a part of that. In contrast, litigation insurance remains under-utilised and I suspect this is due to a misunderstanding that its role is limited to adverse costs (or after the event (ATE)) cover).
Litigation insurance does so much more. (While this blog focuses on coverage for litigating parties at various stages of a claim, another key area is coverage for the risks faced by lawyers themselves, for example, insuring law firms when they act on contingent fees such as damages-based agreements (DBAs).)
In March 2020, as one judgment memorably put it, the world shifted on its axis. As part of this shift, electronic working came to the fore, driven by necessity and now recognised as a permanent feature of the landscape for users of the English courts. Communication – and service – by email was, of course, a feature long before the pandemic. However, amid all the changes brought about by remote working, the rules on service have remained – for now – unchanged. Cases continue to come thick and fast highlighting the ease with which parties and legal representatives alike can fall foul of those rules, the most recent example being R (Karanja) v University of the West of Scotland.
