All posts by Practical Law Dispute Resolution

REUTERS | Dado Ruvic

It is no secret that the rapid development of cryptocurrencies and sudden surges in their popularity have posed challenges for the authorities.

Investors, financial and legal experts, traders and commentators on this swiftly-evolving sector have voiced their feelings on this subject at various times in recent years. Often their statements are prompted by significant or newsworthy events involving cryptoassets, and often they focus on the lack of regulation surrounding such assets and the seeming inability of the law to keep abreast of developments.

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REUTERS | Paul Hanna

I have extolled the virtues of Damages-based agreements (DBAs) for clients and law firms in commercial litigation since they became permissible in England and Wales in 2013. They are a simple and straightforward form of fee arrangement, that creates a percentage upside for the law firm, and an alignment between firm and client that many clients would strongly prefer to striking a deal with a third party funder (though I am also a strong advocate for the latter, as a tool for access to justice).

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REUTERS | GCS

On 6 April 2021, new rules on witness evidence (through a new Practice Direction 57AC and accompanying Appendix with statement of best practice) will come into force in the Business and Property Courts (B&PCs). As I commented in my earlier blog post, this is no mere tinkering with the existing rules. Important changes are being made to the taking and content of statements.

So, what steps should you be taking in anticipation of the rule changes?

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