REUTERS | Beawiharta

For those practitioners who remember Order 62 of the Rules of the Supreme Court, in force until 26 April 1999 when they were replaced by the Civil Procedure Rules, it was a relatively easy life for the court when it was considering what costs order to make at the end of a trial. Expressed in law-speak, costs would “follow the event”, which meant that whoever came first past the post had won, and so was entitled to costs, even if that was by just a short head. Thus, where one party was ordered to write a cheque to the other, that, generally, was conclusive as to the identity of the winner. (There were rare exceptions: in Alltrans Express Ltd v CVA Holdings Ltd, the Court of Appeal allowed CVA’s appeal that it should have to pay Alltran’s costs for recovering £2 against a claim for £82,500!) Continue reading

REUTERS | Reuters

As result of the new Solicitors Regulation Authority (SRA) Standards and Regulations issued in November 2019, which replaced the SRA Handbook, solicitors are required to comply with paragraph 8.7 of the SRA Code of Conduct for Solicitors, RELs and RFLs and paragraph 7.1 (c) of the SRA Code of Conduct for Firms. In addition, there is a requirement to comply with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, which stipulate that solicitors must provide the information about the overall cost of the services and if there are likely to be any disbursements.

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REUTERS | Jon Nazca

The judgment in SC v University Hospitals Southampton NHS Foundation Trust is of interest due to the current COVID-19 pandemic and the way it is affecting the court system, as it discusses the circumstances where a case is suitable for a remote hearing under the current guidelines. Johnson J heard the matter on 4 June 2020.

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REUTERS | Gary Hershorn

The established international litigation and arbitration landscape is littered with issues long familiar to counsel. Some, not least what substantive law should govern and which forum to choose to settle differences, are issues with considerable consensus across jurisdictions, such as that parties may settle differences contractually as a matter of party autonomy. In contrast, significant differences remain when it comes to disclosure, or what is called “discovery” in the US civil litigation system. Continue reading

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International bar associations and chambers of commerce are increasingly recognising both the central role and evolving expectations of the legal profession in responding to climate change. The International Bar Association (IBA), the International Chamber of Commerce (ICC), the Stockholm Chamber of Commerce (SCC) and the American Bar Association (ABA), among others, have recently issued statements and reports covering various topics related to climate change and the legal sector. These initiatives provide guidance on how lawyers, legal practice and dispute resolution processes can help states, businesses, communities and individuals address contributions to, and impacts from, climate change. Continue reading

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An uptake of technology by the courts during the COVID-19 crisis has implications not just for current proceedings, but also for the future of the judicial system and the rule of law. In this blog, we explore how remote hearings are likely to have lasting effects on the judicial landscape. Continue reading