Litigation Opinion

The Lawyer

  • New rules may mean more private actions in antitrust cases


    From October 2015, new rules are making it easier for claimants to bring antitrust claims in the UK.

  • The Financial List could work for London – if it gets the balance right


    The Financial List should present an opportunity for London to build on its reputation as a pre-eminent global centre for the resolution of large financial disputes.

  • No break for Nestlé on KitKat trademark


    Are you munching on a KitKat and enjoying a short break while you read this? Is it a distinctive four-finger three-dimensional shape branded with the famous KitKat brand?

  • FX litigation: revealing the pressure points


    The UK is the next frontier for banks involved in FX manipulation. What does this mean for the banks, the claimants and their advisers?

  • Market abuse and the High Court


    A first-of-its-kind case could have industry-wide implications once the Financial List comes into play.

  • The heartache of deception: My son is not mine


    What price would one put on the anguish and heartache caused to a father who had been misled for 17 years that his ‘son’ was in fact the child of a secret lover of his wife?

  • FIFA's investigations own goal


    The growing conflagration over the investigation by world football governing body FIFA into the awarding of hosting rights for the 2018 and 2022 World Cups increasingly looks like a textbook case of how not to conduct an ethics probe.

  • Are confidential settlement agreements really confidential?


    The Rolling Stones were in the press recently, after leaked court documents revealed confidential medical information on the band members.

  • Plebgate: a libel battle royal in the RCJ


    Desmond Browne QC, James Price QC and Gavin Millar QC, royalty of the libel bar, are going head to head in what is certainly the libel trial of the year.

  • Questioning conditional fees


    Recoverable success fees and after-the-event insurance may have breached the European Convention on Human Rights, Lord Neuberger warned last week. Neil Rose investigates

  • Mitchell revisited: the sting in the tail


    Barrister Tom Restall warns that the CoA has raised the stakes by offering a ‘third way’ on costs after it attempted to provide clarity on the Mitchell ruling 

  • Cake or biscuit? The Scottish court decides


    HM Revenue & Customs is forced to defend its policy of charging VAT on biscuits and not cakes in what is a tough taste challenge for the Scottish courts

  • Who owns Bob Marley's music?


    The High Court was asked to decide last month who owns the copyright to No Woman, No Cry in a major battle for a piece of music that marks its 40th anniversary this year

  • Privacy but at what price?


    A EU court has backed the “right to be forgotten”, but what does this mean for freedom of expression?

  • Fair trials and the real cost of the legal aid cuts


    A series of high-profile fraud prosecutions risk collapse after a landmark decision last week.

  • 21st century silk


    No longer an old boys’ club, PJ Kirby QC asks what it means to be a 21st century silk

  • Unilever case clarifies law over patents and employees


    Employee loses bid for slice of employer’s profits but patent case clarifies employment case hurdles

  • Democracy damned?


    Mark Stephens says the High Court dismissal of the Miranda judicial review represents a sad day for democracy

  • Referral fees and why we should hate them


    Referral fees are banned. The Bar Council’s new code of conduct explicitly states that barristers must not “pay or receive referral fees”, and additionally “making or receiving payments in order to procure or reward the referral…may also breach public trust.”

  • Waste not, want not


    Litigants have a newfound impetus for pushing the boundaries of law, particularly when it comes to costs. A recent DLA Piper case suggests lawyers could be in the firing line.

  • Kit Kat copy, right?


    When is Greek yoghurt Greek yoghurt? Should a Kit Kat be trademark protected? It was all up for debate in the courts in January.

  • Defending defamation


    The Defamation Act came into force at the beginning of the year. Here Hardeep Singh asks two individuals who defended claims under the previous regime if anything has changed and what they might do differently.

  • Dignity in dying Supreme Court ruling can give clarity


    Supreme Court hears: DPP policy on assisted suicide isolates patients and has “chilling effect” on doctors

  • Litigators, transparency and success


    The Lawyer’s annual report into the top 50 firms for global litigation is eagerly awaited by those with ambitions to grow their contentious business.

  • Supreme rejection


    We look at cases that have reached the end of the judicial line after being refused permission to carry on to the Supreme Court.

  • The great judicial review challenge


    Getting a judicial review claim into court is no mean feat, as lawyer Alex Monaco found when he tried to challenge Vince Cable MP 

  • The time has come


    LSLA president Francesca Kaye on the landmark costs battle being fought by Andrew Mitchell MP in a case that is set to define the Jackson reforms

  • Can BLP compete with the bar?


    Can the in-house advocacy unit at Berwin Leighton Paisner really compete with the independent commercial bar?

  • Sunshine venue for claims


    There are good reasons that claimants in the Cyprus properties row should litigate on the island, not in the UK

  • Funding fair?


    CMS insurance head Stephen Netherway says litigation funders can lawfully withdraw funding from cases thanks to a recent ruling

  • Exacting Excalibur


    The longest running case of 2012 came to an end yesterday, but there are still plenty of questions to be asked of the claimant Excalibur and its lawyers

  • How The Sun is helping shape the Jackson era


    Costs budgeting in libel cases is being tested

  • Don’t bow to celebrity Big Brothers


    Never mind the secrecy demands of the rich and famous, keep the barriers to open justice high

  • Rihanna crops Topshop


    Mayer Brown partner Sarah Byrt discusses Rihanna’s passing off case against Topshop…

  • Working through tribunal changes


    After a considerable amount of work, the Government has finally introduced new rules for employment tribunals this week. 

  • Courting costs control


    The Jackson reforms are coming under scrutiny by the courts.

  • Cab rank on a ride to nowhere


    Legal Services Board does not want the ‘cab rank’ rule abolished, but to understand its limitations

  • 11KBW silks go head-to-head as GCSE judicial review is thrown out


    11KBW silks Clive Lewis QC and Nigel Giffin QC defeat judicial review bid argued by set-mate Clive Sheldon QC.

  • Ex-Ince partner jailed for fraud faked letters in OBE bid


    The former Ince & Co partner jailed yesterday for defrauding the firm attempted to obtain an OBE by faking letters hailing him as a cancer charity hero, it has emerged.

  • Hillsborough lawyers welcome new inquests and police investigation


    Lawyers for the Hillsborough victims’ families will lobby for a top prosecutor to work on the new police inquiry into the 1989 disaster.

  • Vicarious liability


    Kari Hansen takes a look at dual vicarious liability in light of the Supreme Court’s ruling in the Catholic Child Welfare Society case

  • Why Cameron has got it wrong on judicial review reform


    It seems that David Cameron is a firm believer in the old adage that no government ever lost votes by attacking the legal profession. After LASPO’s cuts to legal aid provision, the coalition is now gunning for judicial reviews (JR).

  • Blog: causation key issue for litigants in Libor claims


    The recent decision by the court in the claim brought by Guardian Care Homes against Barclays (see story 30 October 2012), allowing the claimant to bring the manipulation of LIBOR into a case on hedge mis-selling, highlights the storm clouds that still gather around the banking sector and may indicate a lack of trust of banks in the Courts.

  • Rubin v Eurofinance: A victory for common sense?


    As was reported last week (24 October 2012), the Supreme Court has handed down its much anticipated judgment in Rubin v Eurofinance (see judgment here).

  • Abuse of process: The interplay between arbitration and litigation


    The Commercial Court has struck out a claim as an abuse of process, because the central issues had previously been decided against the claimant in an arbitration.

  • Third-party commercial litigation funding – an investor’s view


    The fact that litigation will be resolved by the court system irrespective of what is happening to asset prices in the wider economy makes third-party litigation funding an attractive option, says Claire Madden