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All Litigation articles – Page 29
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NewsLitigant found in contempt for emailing lawyer during cross-examination
Judge concluded trial would no longer be fair after it emerged claimant contacted third party.
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OpinionWe're edging towards clarity on legal professional privilege
Should companies really be compromised for taking steps to establish what went wrong?
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NewsCourt of Appeal limits discretion in departing from Part 36 convention
Judge had sanctioned claimant for misleading defendant about effects of her injury.
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NewsWe won't have 'partisan' experts in English courts, judge reminds litigants
Fraser: 'There are some jurisdictions where partisan expert evidence is the norm. This is not one of them.’
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OpinionBOOK REVIEW: Where complex litigation is akin to space exploration
Sovereign Defaults Before Domestic Courts
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NewsJudge revives dishonesty defence after late discontinuance
Wrong test had been applied to whether fundamental dishonesty should be considered.
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News'The main driver was costs' - judges make no order in £2m case
Appeal overturns costs award to flight delay claimants after dismissing attempts to find a 'winner'.
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NewsJudge rails at 'festival of mendacity' in case where truth was 'lifestyle choice'
Mr Justice Turner hits out at 'rich display of competitive dishonesty' in litigation.
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NewsQuoted firm rapped by judge for 'breathtakingly rude' correspondence will face no action
Keystone Law tells stock exchange it will not face disciplinary action over handling of litigation.
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News'Overstated' PI claim was not fundamental dishonesty, appeal rules
Exaggerated care costs found to be based on expert report and not evidence of claimant himself.
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News'Defendants also have rights': court deals another blow to LiPs
Latest chapter in protracted litigation ends with judge denying unrepresented person any special treatment.
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NewsJudge pleads with counsel for end to 17-year 'orgy of litigation'
Court also rejects appeal which amounted to giving litigant ‘another bite at the cherry’.
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NewsSolicitors not expected to help opposing LiPs
The Supreme Court has said that solicitors should not be expected to flag up procedural mistakes made by litigants in person.
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FeatureDispute resolution: Changing litigation culture
The Shorter Trials Scheme deserves to become a routine feature of dispute resolution.
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OpinionNo special favours for LiPs, but the rules have to change
Today’s Supreme Court judgment was right on all sides - now it’s time to help litigants
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OpinionSocially unacceptable
‘Total war’ and smear tactics are demeaning litigation – we must call out such behaviour.
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FeatureE-disclosure and party agreement
The disclosure of relevant documents during the litigation process has been a longstanding and distinctive feature of English civil procedure. However, standard disclosure under the Civil Procedure Rules does not give rise to ‘perfect justice’.
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NewsJudge denies lying claimant a way round fundamental dishonesty test
Claimant in clinical negligence case said he would suffer substantial injustice because of ‘gross disproportion’ of sanction.