AI: where do we go from here?
For those who have worked through the slow and steady technological changes in the world of litigation in the past two decades, things are about to take a dramatic turn. With the arrival of the already ubiquitous ChatGPT, a mere forerunner to the AI large language models, we can expect, in the near future, the … Continue reading AI: where do we go from here?
Confirming the scope of acceptance of service of proceedings
The recent case of Motorola Solutions, Inc and another v Hytera Communications Corporation Ltd and others is a helpful reminder to all parties of the care that needs to be taken in relation to the rules of service of proceedings within the jurisdiction on a defendant’s solicitor, and in particular on the scope of acceptance … Continue reading Confirming the scope of acceptance of service of proceedings
The scope of a solicitor’s duty outside of a legal retainer clarified by the Court of Appeal
The recent Court of Appeal decision in Spire Property Development LLP and another v Withers LLP helps clarify the scope of the duty owed by a solicitor when providing legal advice outside of an agreed retainer and also serves as a useful reminder to solicitors on how to avoid the risk of litigation when responding … Continue reading The scope of a solicitor’s duty outside of a legal retainer clarified by the Court of Appeal
Committing to the rules: personal service under the new Part 81
The judgment in MBR Acres Ltd and others v Maher and another handed down in May 2022 by Mr Justice Nicklin raised an important issue around personal service. The case arose following committal applications that came out of an injunction obtained by the claimants against animal rights protesters who had set up camp outside their premises. … Continue reading Committing to the rules: personal service under the new Part 81
Don’t overlook the Civil Justice Council’s Pre-Action Protocols Consultation this Christmas
On 22 December 2021, the CJC announced that the deadline for responding to its consultation has been extended to 10 am on 21 January 2022. With just a few shopping days left until Christmas, busy practitioners and elves alike could be forgiven for overlooking the Civil Justice Council’s consultation on the Pre-Action Protocols (PAPs) which … Continue reading Don’t overlook the Civil Justice Council’s Pre-Action Protocols Consultation this Christmas
The shift from “without prejudice” communications to “open” communications: Jones v Lydon
The High Court decision in Jones and another v Lydon and others reminds us of the importance of providing a clear indication of when there is to be a shift from without prejudice (WP) communications to open communications, should a party wish to rely upon open communication at a later point. Failure to do so … Continue reading The shift from “without prejudice” communications to “open” communications: Jones v Lydon
Limitation and causes of action accruing at the stroke of midnight
The difference a day makes when it comes to limitation was brought into sharp focus with a recent case in the UK Supreme Court (UKSC). In the case of Matthew and others v Sedman and others, the court had to rule whether the day which commences at or immediately after the midnight deadline counts towards … Continue reading Limitation and causes of action accruing at the stroke of midnight
Last minute offers under Part 36 and the effect of trial adjournment
Part 36 rules can be a minefield for practitioners at the best of times, but a recent case has served to demonstrate the need for parties to keep their offers under review throughout proceedings. The Queen’s Bench Division recently handed down judgment in Reader v SPIE Ltd and another, a case concerning fiduciary duties on … Continue reading Last minute offers under Part 36 and the effect of trial adjournment
A lesson in contesting particulars of claim
The dangers of a contested application to amend particulars of claim were highlighted in the recent case of Ward v Associated Newspapers Ltd. This case offers a helpful reminder for practitioners to carefully consider the extent to which it is reasonable to spend time and resources on contested interlocutory applications.
Res judicata and abuse of process challenges involving third parties
In a recent judgment, the Solicitors Regulation Authority (SRA) failed to recover £354,000 from a solicitor in intervention costs in what is an important ruling when considering the use of res judicata and abuse of process. Mr Hugh Sims QC, sitting as a deputy High Court judge in The Law Society v Dua and another was … Continue reading Res judicata and abuse of process challenges involving third parties
Supreme Court weighs in on fraud tainted negligence claims
The defence of illegality has long been considered available to negligent practitioners where an underlying fraud has been committed by their clients, but the courts have shown they are no longer willing to let lawyers or their insurers use it as a get out of jail free card. In a unanimous judgment handed down by … Continue reading Supreme Court weighs in on fraud tainted negligence claims
Implications of recent developments in the FCA test case
Many of us are aware of the ongoing litigation in the Financial Conduct Authority‘s (FCA) business interruption (BI) insurance test case (FCA v Arch Insurance (UK) Ltd and others). But what are the next steps for this fundamentally important case for thousands of businesses across the UK, and what are the potential implications of the … Continue reading Implications of recent developments in the FCA test case
Service in the time of a pandemic: Stanley v London Borough of Tower Hamlets
The decision in Stanley v London Borough of Tower Hamlets arose out of circumstances at a very specific point in time that may not be exactly replicated. The claimant attempted to effect service on the defendant just two days after the national lockdown was announced. Businesses across the country had to adapt to an unprecedented … Continue reading Service in the time of a pandemic: Stanley v London Borough of Tower Hamlets
