Linklaters escapes ‘unprecedented’ disclosure order – Law Society’s Gazette

‘The High Court has decided against making what would have been an unprecedented order in relation to e-disclosure in an action brought over the behaviour of a mining company in Peru.’

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Law Society’s Gazette, 29th July 2016

Source: www.lawgazette.co.uk

Former partner loses age discrimination appeal over firm restructure – Legal Futures

Posted July 29th, 2016 in age discrimination, law firms, news, partnerships by tracey

‘The Employment Appeal Tribunal (EAT) has dismissed an appeal against a decision that a top-100 regional law firm was not guilty of age discrimination against one of its partners, after he was not offered a new partnership when it restructured.’

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Legal Futures, 29th July 2016

Source: www.legalfutures.co.uk

High Court: part 36 offer meant party could not accept earlier ‘without prejudice’ offer – Litigation Futures

‘The High Court has ruled that a claimant’s part 36 offer was a counter-offer, meaning that an earlier common law offer by the defendants no longer remained open for acceptance.’

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Litigation futures, 15th July 2016

Source: www.litigationfutures.com

Tribunal rejects costs application delayed by solicitors with “inexplicable” ignorance of rules – Litigation Futures

Posted July 12th, 2016 in costs, law firms, news, solicitors, time limits, tribunals by sally

‘A costs application, delayed by over five months as a result of “elementary errors” by solicitors, has been rejected as out of time by the First Tier Tax Tribunal (FTT).’

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Litigation Futures, 12th July 2016

Source: www.litigationfutures.com

Law Society lays into SRA over handbook rewrite and risk of creating “two-tier” profession – Legal Futures

Posted July 12th, 2016 in law firms, Law Society, legal profession, news, solicitors by sally

‘The Law Society has blasted Solicitors Regulation Authority (SRA) plans to allow solicitors to practise from unregulated businesses, saying they risk creating a two-tier profession and eroding the standing of the profession.’

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Legal Futures, 12th July 2016

Source: www.legalfutures.co.uk

Colm O’Cinneide: Why Parliamentary Approval for the Triggering of Article 50 TEU Should Be Required as a Matter of Constitutional Principle – UK Constitutional Law Association

‘The argument that Article 50 of the Treaty on European Union (TEU) cannot be lawfully triggered without the consent of Parliament has generated plenty of excited discussion over the last week, both in specialist legal circles and in the wider world. The announcement by Mishcon de Reya that that legal action was pending to ‘ensure the UK Government will not trigger the procedure for withdrawal from the EU without an Act of Parliament’ has brought this debate to boiling point. Some commentators have talked excitedly about a ‘legal dream team… launching a last gasp legal bid to preserve Britain’s European Union membership’. In response, there has been a visceral backlash in pro-Leave ranks against what they see as an attempt by conniving lawyers to thwart the will of the people. The front page of the Daily Express on 4 July 2016 led with the banner headline ’Top Lawyers in Threat to Referendum Vote & Democracy’, going on to warn about ‘outrage and rioting on the streets’. Similarly, Professor Frank Furedi commenting on Twitter described the proposed legal action as nothing less than an ‘authoritarian attempt at a “legal” coup’, with Brendan O’Neill indulging in similar hysteria in the Spectator.’

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UK Constitutional Law Association, 7th July 2016

Source: www.ukconstitutionallaw.org

Fletchers claims “major victory” on interim payments of costs – Litigation Futures

‘Southport injury firm Fletchers claims to have secured the first judgment ordering defendants to make an interim costs payment based on the new version of the rules which came into force in April 2013.’

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Litigation Futures, 5th July 2016

Source: www.litigationfutures.com

High Court overturns trio of cost judge rulings over “failing to advise properly” on CFA switches – Litigation Futures

Posted July 5th, 2016 in appeals, costs, fees, law firms, legal aid, news by sally

‘The High Court has overturned three high-profile costs rulings in which Irwin Mitchell lost the right to recover success fees and insurance premiums from defendants after failing to advise on the 10% uplift in general damages before switching clients from legal aid.’

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Litigation Futures, 4th July 2016

Source: www.litigationfutures.com

Brexit legal challenge launched as businesses move to block EU exit without Act of Parliament – The Independent

‘A group of businesses has launched a legal challenge to prevent the Government from launching Brexit without a formal Act of Parliament.’

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The Independent, 4th July 2016

Source: www.independent.co.uk

CFA assignment case leapfrogged to Court of Appeal – Litigation Futures

Posted July 1st, 2016 in appeals, assignment, fees, law firms, news by tracey

‘The question of when a conditional fee agreement (CFA) can be assigned from one law firm to another is set for the Court of Appeal, Litigation Futures can report.’

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Litigation Futures, 30th June 2016

Source: www.litigationfutures.com

Lawyers rush to reassure clients after Brexit shock – Law Society’s Gazette

‘The legal profession is today digesting the UK’s historic decision to vote to leave the European Union.’

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Law Society’s Gazette, 24th June 2016

Source: www.lawgazette.co.uk

Now proportionality test bites in the Competition Appeal Tribunal – Litigation Futures

‘Proportionality has hit the Competition Appeal Tribunal as it capped a defendant’s recoverable costs at £350,000, compared to its budgeted costs of £637,000.’

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Litigation Futures, 24th June 2016

Source: www.litigationfutures.com

Artificial intelligence mimics judicial reasoning – Law Society’s Gazette

Posted June 23rd, 2016 in artificial intelligence, computer programs, judiciary, law firms, news by sally

‘Computer programs can already match judges in decision-making, a conference highlighting the growing use of artificial intelligence in law heard last night.’

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Law Society’s Gazette, 22nd June 2016

Source: www.lawgazette.co.uk

Firm cleared of negligence over conveyancing advice – Law Society’s Gazette

Posted June 20th, 2016 in conflict of interest, law firms, legal services, negligence, news, solicitors by tracey

‘A court has ruled a firm was not negligent in the advice it gave a couple who were dividing their shares in a property, after the judge said the firm did not need to advise them to seek separate advice.’

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Law Society’s Gazette, 17th June 2016

Source: www.lawgazette.co.uk

Leigh Day “breached duty” to thousands of Trafigura claimants who did not receive share of £30m settlement – Legal Futures

Posted June 17th, 2016 in compensation, law firms, negligence, news, pollution by tracey

‘Leading group action law firm Leigh Day has been found guilty of professional negligence after 6,624 of the claimants it represented in the high-profile Trafigura case were not paid their share of the £30m settlement.’

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Legal Futures, 17th June 2016

Source: www.legalfutures.co.uk

Court sanctions party that failed to paginate its bundles properly – Litigation Futures

Posted June 16th, 2016 in case management, costs, documents, law firms, news, sanctions, solicitors by tracey

‘A party’s failure to provide a properly paginated bundle to the High Court has led to the adjournment of key parts of its application for summary judgment and a costs order.’

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Litigation Futures, 14th June 2016

Source: www.litigationfutures.com

ICO investigates after medical records found in skip outside law firm – Legal Futures

Posted June 16th, 2016 in data protection, law firms, medical records, news by tracey

‘The Information Commissioner’s Office (ICO) has launched an investigation after medical records relating to personal injury claims were found in a skip outside a law firm’s former office in St Helens, Merseyside.’

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Legal Futures, 16th June 2016

Source: www.legalfutures.co.uk

A series of unfortunate events – Hardwicke Chambers

Posted June 2nd, 2016 in holidays, insurance, interpretation, law firms, negligence, news, solicitors by sally

‘Judges occasionally lighten their judgments with literary references. The quotation from Alice in Wonderland “Words mean what I want them to mean” is a favourite in cases involving the interpretation of contracts, and Shakespeare appears fairly regularly.’

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Hardwicke Chambers, 23rd May 2016

Source: www.hardwicke.co.uk

Appeal judges refuse to order assessment of costs agreed by administrators – Litigation Futures

Posted May 26th, 2016 in administrators, appeals, costs, fees, insolvency, law firms, news by tracey

‘The Court of Appeal has refused a request by the liquidators of a company for a detailed assessment of costs agreed by the firm’s administrators.’

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Litigation Futures, 25th May 2016

Source: www.litigationfutures.com

City firm wins first contested application for use of predictive coding – Litigation Futures

Posted May 20th, 2016 in case management, disclosure, electronic filing, law firms, news by tracey

‘City law firm Berwin Leighton Paisner (BLP) has won what it believes to be the first contested application to use predictive coding as part of a substantial document review exercise.’

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Litigation Futures, 19th May 2016

Source: www.litigationfutures.com