The Future of commercial litigation: Bleak House or Great Expectations? – Littleton Chambers
The Future of commercial litigation: Bleak House or Great Expectations? (PDF)
Littleton Chambers, 2nd April 2013
Source: www.littletonchambers.com
“Damages-Based Agreements (‘DBAs’) became lawful on 1 April 2013 thanks to the Jackson reforms and more particularly the Damages-Based Agreements Regulations 2013. A DBA is a contingency fee arrangement whereby the lawyers can take a percentage of the damages (up to a maximum of 25% in personal injury cases, 35% in employment cases and 50% in most other cases).”
Hardwicke Chambers, 2nd April 2013
Source: www.hardwicke.co.uk
“An unresolved issue that has received little attention is whether a solicitor’s conduct could be attributed to his client as contributory negligence by that client in a claim brought against a different professional. If a claimant sues professional A for losses to which professional B also contributed, the normal course of events is for professional A to make a contribution claim against professional B. Professional A does not usually seek to attribute professional B’s conduct to the claimant in order to raise the defence of contributory negligence against the claimant. But it is easy to imagine circumstances in which the latter course would be attractive to professional A if available, for example if professional B is a man of straw whose insurers repudiate liability.”
Hardwicke Chambers, 2nd April 2013
Source: www.hardwicke.co.uk
“People will have to pay up to £1,300 to bring High Court challenges against Government decisions in a crackdown on spurious legal challenges, under new plans.”
Daily Telegraph, 8th April 2013
Source: www.telegraph.co.uk
“News that Oxford Brookes University is discontinuing its legal practice course (LPC) because a drop in applications means it is no longer viable has sent a shock wave through the legal education market, as we await publication of the much-anticipated Legal Education and Training Review (LETR).”
Law Society’s Gazette, 25th March 2013
Source: www.lawgazette.co.uk
“In 2009, when asked by the then Lord Chancellor to look at judicial diversity, Baroness Neuberger said:
‘Judges drawn from a wide range of backgrounds and life experiences will bring varying perspectives to bear on critical legal issues. A judiciary which is more visibly reflective of society will enhance public confidence.'”
Halsbury’s Law Exchange, 11th March 2013
Source: www.halsburyslawexchange.co.uk
“A partner in a law firm has been jailed for a £20 million ‘industrial scale’ immigration scam that saw about five sham marriages carried out a day over many years.”
Daily Telegraph, 18th February 2013
Source: www.telegraph.co.uk
“There will be another statutory instrument (SI) next month to tidy up the one published last week with changes to the Civil Procedure Rules, after a warning that the new rule on proportionality could affect millions of pounds worth of work already done by solicitors.”
Litigation Futures, 18th February 2013
Source: www.litigationfutures.com
“A lender has lost its appeal against a High Court ruling that said a solicitor was not liable for its loss in a £2.5m mortgage fraud perpetrated by her former partner because she was not aware of the misrepresentations he made.”
Legal Futures, 14th February 2013
Source: www.legalfutures.co.uk
“A report setting out findings from a survey of solicitors’ firms commissioned jointly by the Law Society, Legal Services Board and Ministry of Justice.”
Ministry of Justice, January 2013
Source: www.justice.gov.uk
“A legal expenses insurer could seek to limit the level of costs and expenses payable under an insurance policy in respect of a solicitor’s services for which it was liable to the insured provided that the freedom to choose a lawyer guaranteed by Council Directive 87/344/EEC, as transposed into English law by regulation 6 of the Insurance Companies (Legal Expenses Insurance) Regulations 1990, was not rendered meaningless.”
WLR Daily, 12th December 2012
Source: www.iclr.co.uk