The late Joe Jamail, formerly the wealthiest practising lawyer in the USA, is credited with the observation that “any good trial lawyer knows that if you’ve got one credible expert or scientific study, then you can let the jury decide.” He would have been in luck at this year’s Expert Witness Institute (EWI) annual conference, … Continue reading Expert Witness Institute Annual Conference 2017: Inside out, upside down, experts under pressure
As you return to your desks following what was, hopefully, an enjoyable summer, you may be catching up on news items. One noteworthy development that may have slipped under your radar is the news that the Solicitors Regulation Authority (SRA) has issued a warning notice on offensive communications.
It seems that the answer is unclear.
Beverley Barton, one of the editors in the Practical Law Dispute Resolution team, was delighted to have the opportunity to catch up with Susan Acland-Hood, Chief Executive of Her Majesty’s Courts and Tribunals Service. In Part One of a series of blogs, Susan talked about some of the challenges she faces in her role, and … Continue reading Interview with Susan Acland-Hood, Chief Executive, HMCTS: Part Three: the challenges and the modernisation programme
Beverley Barton, one of the editors in the Practical Law Dispute Resolution team, was delighted to have the opportunity to catch up with Susan Acland-Hood, Chief Executive of Her Majesty’s Courts and Tribunals Service. In Part One of a series of blogs, Susan talked about some of the challenges she faces in her role, and … Continue reading Interview with Susan Acland-Hood, Chief Executive, HMCTS: Part Two: early impressions
Beverley Barton, one of the editors in the Practical Law Dispute Resolution team, was delighted to have the opportunity to catch up with Susan Acland-Hood, Chief Executive of Her Majesty’s Courts and Tribunals Service. In Part One of a series of blogs, Susan talks about some of the challenges she faces in her role, and … Continue reading Interview with Susan Acland-Hood, Chief Executive, HMCTS: Part One: the challenge and my qualifications for the role
I attended the final event in the Global Pound Conference (GPC) series in London last week, Shaping the future of dispute resolution and improving access to justice. This was a series of conferences which took place in 29 different global locations at which delegates were asked the same series of questions to obtain data to … Continue reading Shaping the future of dispute resolution: why this affects you and what you can learn from listening to what users want
The approved minutes and papers from the June 2017 Civil Procedure Rule Committee (CPRC) meeting were made publicly available on 10 July 2017.
4 July saw the launch of the Business and Property Courts in London. This was the first of a series of launches, with Birmingham, Leeds, Manchester, Bristol and Cardiff following.
Did you know? Every six months, at the beginning of the year and half way through the year, Practical Law Dispute Resolution puts together an article which aims to summarise all of the main developments that will affect civil litigation and ADR practitioners for the next few months. Last week we published the most recent … Continue reading Staying on top of future dispute resolution developments
The approved minutes and papers from the May 2017 Civil Procedure Rule Committee (CPRC) meeting were made publicly available on 21 June 2017.
Victor Hugo, he of Les Misérables fame, once expressed the view that: “There is only one thing stronger than all the armies of the world: and that is an idea whose time has come.”
Surprised? Why? Surely you should have seen something unexpected coming. After all, it was only a matter of months ago that the USA delivered a shock result: Warren Beatty and Faye Dunaway wrongly declared that La La Land had won the Academy Award for Best Picture at this year’s Oscars. Now we must reflect in … Continue reading Leaving us hanging: what dispute resolution practitioners can expect following the General Election 2017
The new implied term to pay valid insurance claims within a reasonable time represents a significant change in insurance law, which is likely to have a real impact on the manner in which claims are handled by all parties involved.
From 4 May 2017 insurers have been under a duty to pay valid insurance claims within a reasonable time. If they fail to comply, they may be liable to pay damages to an insured who has suffered additional losses as a result of the delay in payment. This obligation only applies to insurance and reinsurance … Continue reading Insurers no longer have time on their side to pay claims: part 1/2: what has changed?
This time two years ago, having listened to Lord Neuberger’s speech on the future of mediation at the Civil Mediation Council’s (CMC) annual conference, I wrote about whether we may see some form of compulsory mediation scheme sooner, rather than later. Two years on and I wonder, are we really any closer to that than we were in … Continue reading Proportionality and mediation: are we any closer to compelling parties to mediate?
The approved minutes and papers from the April 2017 Civil Procedure Rule Committee (CPRC) meeting became publicly available on 15 May 2017. There was a varied agenda, and a considerable number of developments of real interest.
The approved minutes and papers from the 3 March 2017 Civil Procedure Rule Committee (CPRC) meeting became publicly available on 15 May 2017.
It is always dangerous to speculate, but might the tweaks to Jackson LJ’s seminars – increasing the focus on judicial review (JR) (which was the main topic in both London and Cardiff) – suggest that he has identified a real need to find solutions other than an extension of the fixed costs regime, for certain … Continue reading Fixed recoverable costs – The Big Debate: the judicial review dimension – some key themes from Jackson LJ’s London seminar on 13 March 2017
On the face of it, the answer would probably be that such communications are not protected by privilege.
I was fortunate to have the chance to attend Jackson LJ’s fixed recoverable costs seminar in Birmingham on 16 March 2017, which focused on mercantile and business litigation. Those of you who have been following Practical Law’s coverage of Jackson LJ’s fixed recoverable costs review will be aware that he has been chairing a series … Continue reading Fixed recoverable costs – The Big Debate: Birmingham perspectives and pilot scheme glimpses
The approved minutes and papers from the 3 February 2017 Civil Procedure Rules Committee (CPRC) meeting became publicly available on 3 April 2017. Many of the matters discussed will have moved on considerably in the meantime: for example, the proposed changes to PD 3E in light of SARPD Oil took effect on 6 April, and … Continue reading CPRC Snippets: February 2017
Yes, it would seem that this does sometimes happen.
The approved minutes of the December 2016 Civil Procedure Rule Committee (CPRC) meeting became publicly available on 17 February 2017. Quite a number of the matters have moved on significantly in the meantime – not least, as several of the procedural changes discussed are being implemented as part of the 88th CPR Update.
One of the big stories for dispute resolution lawyers this year is Jackson LJ’s review of the fixed recoverable costs regime. Jackson LJ is due to report back to the Lord Chief Justice and the Master of the Rolls by 31 July 2017, so there will be an intense programme of work.
As others have speculated, not only could the enactment of section 40 of the Crime and Courts Act 2013 run contrary to the values of ensuring a free press, it could upend what we understand about the general rule of costs: that is, the loser pays.
The answer appears to be probably yes, but whether or not any such material will be disclosable will depend upon whether it is relevant to the issues in the case.
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 … Continue reading E-justice: trials and tribulations
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 … Continue reading Dispute Resolution blog over the 2016 Christmas period
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 … Continue reading CPRC Snippets: November 2016
Papers from the October 2016 CPRC meeting were circulated on 23 November 2016, along with the approved minutes. Some key points of interest include: CPRC provisional work programme. Legal Advisers Pilot. Electronic Pilot Working Scheme. “Hot Tubbing”. Court reform. Court of Appeal.
In the second in our new series of “That’s fascinating!” blog posts, Practical Law’s newest Dispute Resolution team member, Ariane Tadayyon, queries whether the commencement of proceedings for assessment of costs can become statute barred under the Limitation Act 1980. So, can section 24(1) apply to the commencement of detailed assessment proceedings?
Practical Law Dispute Resolution often receives questions about various aspects of practice and procedure in the County Court Money Claims Centre (CCMCC) at Salford. Over the summer, I had the opportunity to visit the CCMCC and see for myself some of the practical and logistical issues that arise during the processing of pleadings, applications and … Continue reading Sailing through the CCMCC: Hints and tips for practitioners
Not for the first time, the latest set of Civil Procedure Rule Committee (CPRC) papers have been just like buses – none for ages, then three sets all at once. Papers from the June and July CPRC meetings were circulated on 18 October, along with the minutes of the May meeting. The papers from the … Continue reading CPRC Snippets: May, June and July 2016
“If an expert says it can’t be done, get another expert.” So David Ben-Gurion, primary founder of the state of Israel and its first Prime Minister is said to have stated. It would be interesting to know how this notion would have been received at the Expert Witness Institute’s (EWI) Annual Conference 2016, which was … Continue reading Independent, impartial and incorruptible: Expert Witness Institute Annual Conference 2016
Most of us are, by nature, creatures of habit (lawyers perhaps more so than others). Our particular habits are generally harmless. It is unlikely that anyone will be adversely affected if you always go to the same coffee shop for your morning coffee, or always use your childhood pet’s name as your password. But it … Continue reading Claiming further or other relief: a hard habit to break?
It is nearly one year since the introduction of the Shorter and Flexible Trials Pilot Schemes in the Rolls Building courts. Practical Law Dispute Resolution editor, Beverley Barton, asked Mr Justice Birss, who has taken an active role in developing the schemes, for: An update on how the schemes are working. How they might be developed. … Continue reading The Shorter & Flexible Trials Pilot Schemes: a progress report
The answer appears surprisingly simple: step forward the little-known (some might even say shy) sub-section 54(5) of the Senior Courts Act 1981, where it is stated that:
The Practical Law Dispute Resolution team are receiving a growing number of Ask Practical Law queries relating to the Register of Judgments, Orders and Fines (“the Register”). These have highlighted some of the grey areas within the current regime for the registration of County Court and High Court judgments, which is underpinned by the Register … Continue reading Matters of Judgment: The Register of Judgments, Orders and Fines and post-registration settlements
During my time as a stagiaire at the European Court of Human Rights, I remember gazing upon the strange building. Standing, as it does, like a huge oil repository, it reaffirmed initially my aversion to modern architecture. However, when a colleague explained that its glass structure represented transparency and accessibility, it suddenly made sense. That … Continue reading Open justice: adapting to a changing technological landscape
The problem has been acknowledged The need to find a solution for dealing with the increasing numbers of litigants in person (LiPs) has been recognised at a high level:
Donald Rumsfeld, then US Secretary of State for Defence, is said to have commented in February 2002: “There are known knowns. There are things we know that we know. There are known unknowns. That is to say, there are things that we now know we don’t know.” It is safe to say that, what with … Continue reading What to expect when you’re expecting: court reforms, CPR and Brexit
During a recent visit to the County Court Money Claims Centre in Salford (CCMCC), I was taken aback to learn that in the year April 2015 to March 2016, the CCMCC issued 322,000 claims. In this “age of austerity” and with judicial time and resources at a premium, how is HMCTS responding to the challenge of … Continue reading The County Court Legal Advisers Pilot Scheme: judicial triage in action
Two recent cases juxtaposed illustrate the courts’ dilemma when dealing with litigants in person in the post-Jackson environment. Whilst the rules now place increased emphasis on the need for compliance with court rules, orders and directions (and there are strict criteria for the grant of relief from sanctions), against that is the concern to provide … Continue reading The vexing issue of litigants in person and civil procedure: part 1
In 1943, Thomas Watson, then president of IBM, is said to have opined, “I think there is a world market for maybe five computers.” It’s very possible that you can now find five examples in your own living space, considering that, sitting at home last night, I had my smartphone pocketed, my tablet streaming television … Continue reading Changing landscapes: The impact of ODR technology on UK dispute resolution
Welcome back to CPRC Snippets – it has been a while!
On 18 May 2016, Practical Law Dispute Resolution hosted an insurance breakfast briefing, Insurance Act 2015: minimising the risk of disputes. The speakers were Tony Dempster, partner in Herbert Smith Freehills’ insurance and reinsurance disputes group, and Sarah Irons, professional support lawyer at Herbert Smith Freehills.
I was delighted to have the chance to put a few questions to Sir Colin Birss, judge of the High Court Chancery Division and nominated judge of the Patents Court. In part 1 of my interview with Sir Colin, he talked about his career and interests. In part 2, he gave some perspectives on current … Continue reading An interview with Mr Justice Birss: part 3/3: crystal-ball gazing
I was delighted to have the chance to put a few questions to Sir Colin Birss, judge of the High Court Chancery Division and nominated judge of the Patents Court. In part 1 of my interview with Sir Colin, he talked about his career and interests. In part 2, he gives some perspectives on current … Continue reading An interview with Mr Justice Birss: part 2/3: legal insights
I was delighted to have the chance to put a few questions to Sir Colin Birss, judge of the High Court Chancery Division and nominated judge of the Patents Court. In part 1 of my interview with Sir Colin, he talks about his career and interests. In part 2, he gives some perspectives on current developments in litigation … Continue reading An interview with Mr Justice Birss: part 1/3: getting personal
Probably. A party can make a Part 36 offer during appeal proceedings. That’s clear from CPR 36.4 and CPR 52.12. However, the consequences of such an offer being accepted are far from clear.
Although I consider myself a practical person, I do tend to find that when I suffer IT problems, my first reaction is to bellow obscenities and apply the brute force and ignorance method to a misbehaving desktop. I am utterly convinced that when the machines defeat us, it won’t be because of some glorious revolution; … Continue reading An online court: simply complex
So, the other side has finally agreed terms of settlement, and all you have to do now is draw up a consent order. That should be easy enough, shouldn’t it? Well, perhaps not.
Papers from the 4 December 2015 CPRC meeting were published on 11 January 2016. This was the last meeting chaired by Richards LJ before his retirement. The Master of the Rolls, and others, thanked him for his excellent contribution to the CPRC. As this was the last meeting of 2015, not surprisingly, much of the … Continue reading CPRC Snippets: December 2015
Happy New Year all! We hope you had a wonderful holiday season and are looking forward to seeing what 2016 has in store.
Following publication of our top ten tips post earlier today, the first post of 2016 will be published on Wednesday 6 January. Merry Christmas and a happy New Year from all of the Practical Law Dispute Resolution team. Practical Law Dispute Resolution Jennifer Tyson
Practical Law’s newest Dispute Resolution team member, Jack Meek, ends the year by reflecting on notable legal developments from the past 12 months.
Papers from the 13 November CPRC meeting were published on 8 December 2015. It is a rather more streamlined set this month, but there is still plenty of interest!
Papers from the 9 October CPRC meeting were published on 17 November 2015. It was the first meeting of the new legal year so there was a full agenda. Despite the time lapse between meetings taking place and the papers becoming publicly available, they provide a useful snapshot of how work has been progressing on … Continue reading CPRC Snippets: October 2015
I was delighted to have the chance to put a few questions to Susan Dunn, co-founder of Harbour Litigation Funding, and a founding director of The Association of Litigation Funders in the UK. In part 1 of my interview with Susan, she talked about her career and interests. In part 2, she gave some perspectives on litigation … Continue reading An interview with Susan Dunn: part 4/4: the bigger picture
I was delighted to have the chance to put a few questions to Susan Dunn, co-founder of Harbour Litigation Funding, and a founding director of The Association of Litigation Funders in the UK. In part 1 of my interview with Susan, she talked about her career and interests. In part 2, she gave some perspectives on litigation … Continue reading An interview with Susan Dunn: part 3/4: crystal ball gazing
A difficult question to answer…and one that generated lots of debate at the recent Westminster Legal Policy Forum Keynote Seminar, “Modernising the courts and tribunals service – infrastructure, efficiency and access to justice”, which we both attended.
I was delighted to have the chance to put a few questions to Susan Dunn, co-founder of Harbour Litigation Funding, and a founding director of The Association of Litigation Funders in the UK. In part 1 of my interview with Susan, she talked about her career and interests. In part 2, she gives some perspectives on … Continue reading An interview with Susan Dunn: part 2/4: thoughts on funding
I was delighted to have the chance to put a few questions to Susan Dunn, co-founder of Harbour Litigation Funding, and a founding director of The Association of Litigation Funders in the UK. Susan has been described by Litigation Funding Magazine as the “Grand Dame” of litigation funding, and has featured in The Lawyer’s Hot 100 … Continue reading An interview with Susan Dunn: part 1/4: getting personal
Probably. For some reason (or perhaps for no good reason at all), the wording of a statement of truth is substantially different from the wording of an oath given by a witness in the witness box. In the witness box you must tell the “whole” truth, but when signing a statement of truth all you … Continue reading Should statements of truth be renamed statements of half the truth?
A few recent cases have considered the service of a claim form, and this got me looking at whether it is necessary to serve the sealed claim form, and what happens if you don’t.
On 24 September 2015 I attended Practical Law’s breakfast roundtable, Preparing for the Insurance Act 2015.
Practitioners should take note that from 1 October 2015, there will be additional grounds on which they may serve defendants domiciled outside Europe, subject to the court’s permission. The making document published as part of the 81st update to the CPR introduces new jurisdictional gateways and amends some of the existing jurisdictional gateways in paragraph … Continue reading New and extended gateways for service out of the jurisdiction from 1 October 2015
In two blog posts earlier today, I outlined items considered by the CPRC that are being implemented as part of the 81st CPR update, and then provided a round up of some interesting planned refinements to the costs management regime now in the pipeline. This blog post looks at some of the other items that were … Continue reading CPRC Snippets: July 2015: work in progress – other points considered
Earlier today, I set out some of the key “done and dusted” items considered by the CPRC at its meeting in July, that are being implemented as part of the 81st CPR update. In this blog post (and a third one to follow), I turn to ongoing projects being worked on by the CPRC. This blog … Continue reading CPRC Snippets: July 2015: work in progress – costs management in the spotlight
As expected, the July CPRC meeting (the last before the end of term) had a packed agenda, as the committee signed off on a number of changes being effected in the SI and making document for the 81st CPR update, which will take effect (mostly) on 1 October 2015. The committee also found time to … Continue reading CPRC Snippets: July 2015: done and dusted – 81st CPR update
I recently had the pleasure of putting a few questions to Colin Passmore, Senior Partner of international law firm, Simmons & Simmons. In the third part of the interview, Colin considers what the future might hold for civil litigation in England and Wales. In Part 1, Colin told us about his background and early career. In … Continue reading An interview with Colin Passmore: part 3/3: crystal ball gazing
I recently had the pleasure of putting a few questions to Colin Passmore, Senior Partner of international law firm, Simmons & Simmons. In the second part of the interview, Colin gives some perspectives on recent legal developments and current issues. In Part 1, Colin told us about his background and early career. In Part 3, he will consider what … Continue reading An interview with Colin Passmore: part 2/3: legal perspectives
Probably. The reason I ask this question is that, when I bought my house, the property lawyer acting for the seller would not let me move in until I had paid for the place, whereas it’s standard practice for litigators to settle disputes on the understanding that the defendant is allowed to make payment 14 … Continue reading Are property lawyers smarter than litigators?
I was delighted to have the chance to put a few questions to Colin Passmore, Senior Partner of international law firm, Simmons & Simmons. Colin joined the firm in 1986 and became a partner in 1990. He was appointed Senior Partner in 2011 (and subsequently re-elected for a second term) but continues to maintain a litigation … Continue reading An interview with Colin Passmore: part 1/3: getting personal
An undercurrent discernible from the papers this month is the potential tension between HMCTS’ and the MoJ’s planned agenda for change as against the available judicial resources.
The Insurance Act 2015 includes consequential amendments to the Third Parties (Rights Against Insurers) Act 2010 that will enable the 2010 Act to finally come into force by autumn 2015. In this blog, I take a look at some of the more significant changes introduced by the 2010 Act, which aim to simplify the cumbersome … Continue reading The long-awaited Third Parties (Rights Against Insurers) Act 2010 will finally come into force this year
The May papers provide a useful snapshot of how work is progressing on a number of ongoing initiatives.
Back in early 2011, I was one of the editors involved in considering the then forthcoming April 2011 changes to CPR 6.7. One of the key points of interest was the potential effect of the requirement to serve domestic proceedings (that is, proceedings issued for service within the jurisdiction) out of the jurisdiction in accordance … Continue reading Statutory service v CPR 6.7: some thoughts following Ashley v Tesco Stores
Recent reports show how our approach to civil justice is being shaped by the current age of austerity.
It is widely known that litigation can be prohibitively expensive, and this has become even more of an issue with recent legal aid cuts and increases in court fees. As a result, parties are turning to alternative sources of funding. No, I don’t mean DBAs. I’m talking about crowdfunding.
We recently received a query through our Ask service on the interpretation of CPR 6.14 and how to correctly calculate the deemed date of service of the claim form. At first glance, I thought that the answer was obvious, but as I considered the issue more closely, I realised that there was in fact room … Continue reading CPR 6.14 and deemed date of service of the claim form: room for argument?
The Civil Procedure Rule Committee (CPRC) is an advisory non-departmental public body, sponsored by the Ministry of Justice. It is responsible for making and amending the Civil Procedure Rules, and it meets every month to discuss its work. Following each meeting, I will write a post covering the more significant issues that were discussed. Here are … Continue reading CPRC Snippets: March and April 2015
Exciting times for commercial lawyers advising on liquidated damages clauses. The Supreme Court is to consider the rule against penalties for the first time since Lord Dunedin did so, one hundred years ago, in Dunlop Pneumatic Tyre v New Garage Motor. Due to the way in which the rule has developed over the years, contractual parties … Continue reading Spotlight on the rule against penalties
In the third part of our recent interview with Sir Vivian Ramsey, Sir Vivian said he thought it would take some time for compulsory mediation to be introduced in this country. However, it seems that the President of the Supreme Court, Lord Neuberger, may think differently, at least in relation to smaller civil disputes. At the recent Civil … Continue reading Compulsory mediation: sooner rather than later?
As everybody should know by now, a revised version of Part 36 came into force on 6 April 2015. The new rules apply to all Part 36 offers made on or after 6 April 2015. However, even Part 36 offers made before that date may be affected, as new CPR 36.3 (definitions), CPR 36.11 (acceptance of … Continue reading Part 36: one month (or so) on
Beverley Barton, an editor in the Practical Law Dispute Resolution team, recently had the opportunity to interview Sir Vivian Ramsey, the former head of the TCC. In the second part of the interview, Sir Vivian gives some perspectives on recent legal developments. In Part 1, Sir Vivian told us about his background and early career. In Part 3, he will … Continue reading An interview with Sir Vivian Ramsey: Part 2/3 – legal insights
Until November 2014, Sir Vivian Ramsey was a High Court judge and had been the judge in charge of the TCC. Interestingly, he was also the judge with responsibility for overseeing implementation of the Jackson reforms. He has recently joined the Singapore International Commercial Court. Sir Vivian graduated with a degree in engineering science from … Continue reading An interview with Sir Vivian Ramsey: Part 1/3 – getting personal
The Practical Law Dispute Resolution team is very pleased to announce a brand new Practical Law Dispute Resolution blog.