Litigation Opinion

The Lawyer

  • Questioning conditional fees

    25-Jul-2014

    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

    9-Jul-2014

    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

    2-Jul-2014

    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?

    6-Jun-2014

    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?

    23-May-2014

    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

    2-May-2014

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

  • 21st century silk

    10-Mar-2014

    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

    26-Feb-2014

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

  • Democracy damned?

    21-Feb-2014

    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

    20-Feb-2014

    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

    6-Feb-2014

    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?

    29-Jan-2014

    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

    28-Jan-2014

    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

    3-Jan-2014

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

  • Litigators, transparency and success

    9-Dec-2013

    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

    20-Nov-2013

    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

    12-Nov-2013

    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

    6-Nov-2013

    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?

    2-Oct-2013

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

  • Sunshine venue for claims

    30-Sep-2013

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

  • Funding fair?

    18-Sep-2013

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

  • Exacting Excalibur

    11-Sep-2013

    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

    7-Aug-2013

    Costs budgeting in libel cases is being tested

  • Don’t bow to celebrity Big Brothers

    5-Aug-2013

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

  • Rihanna crops Topshop

    1-Aug-2013

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

  • Working through tribunal changes

    31-Jul-2013

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

  • Courting costs control

    19-Jun-2013

    The Jackson reforms are coming under scrutiny by the courts.

  • Cab rank on a ride to nowhere

    18-Feb-2013

    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

    13-Feb-2013

    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

    8-Feb-2013

    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

    19-Dec-2012

    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

    28-Nov-2012

    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

    23-Nov-2012

    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

    7-Nov-2012

    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?

    31-Oct-2012

    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

    30-Oct-2012

    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

    10-Oct-2012

    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