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. Continue reading

REUTERS | Eddie Keogh
January 10, 2017
Winner loses all? Section 40 of the Crime and Courts Act 2013 and its adverse costs consequences

REUTERS |
January 5, 2017
That’s fascinating!: Must a party disclose relevant but “confidential” material in a closed Facebook group of which they are a member?
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. Continue reading

REUTERS | Kai Pfaffenbach
January 4, 2017
E-justice: trials and tribulations
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 number of jurisdictions worldwide are now exploring electronic case management (ECM), online dispute resolution (ODR) and other e-justice initiatives. Continue reading