Recent warnings and proposals for reform around SLAPPS

Seeking to threaten or advance costly and time-consuming legal action to censor criticism is a strong-arm tactic typically used by the super-rich. Officially described as Strategic Lawsuits Against Public Participation (SLAPPs), threatening or bringing court proceedings is a well-established strategy often employed by prominent, powerful and wealthy adversaries. These proceedings are not to seek justice, […]

How best to be successful in litigation?

“To litigate” means to take a claim or dispute to a court of law, albeit with all of the inherent litigation and costs risks associated with court proceedings. “To litigate successfully” means to do so only when this represents the best available course of action, either where alternative forms of dispute resolution (ADR) have been […]

Solicitor negligence and the exercise of liens: David Ellis v John Hodge Solicitors (a firm)

A lien refers to a solicitor’s right to retain their client’s property, including any paperwork and documents held by the solicitor, until the firm’s fees are fully paid. However, in the context of a claim for professional negligence against a law firm, it would seem entirely contrary to all equitable principles for that firm to […]
Helping resolve and manage disputes. Civil disputes, contractual disputes, professional negligence claims and company disputes.

Company Money Should Not Be Spent on Shareholder Disputes

This legal update considers the case of King & Others v Kings Solutions Group Limited and Others [2022] EWHC 1099 (Ch) and one particular point which was highlighted in the judgment – whether company funds should be used to fund legal costs in a shareholder dispute. Background This appeal resulted from a protracted and intricate […]
Melissa Worth - The Dispute Adviser

Will the court agree to adjourn a hearing based on a barrister’s non-availability?

In this blog, I consider the case of Rupert St John Webster v John Francis Penley, Witherbotham Smith Penley LLP - [2021] EWHC 3198 (Ch), 2021, which involved a claimant’s application to court to adjourn an application because his barrister was not available.  It is not often that an application to adjourn a hearing merits […]

The Climate Crisis and the Role of the Courts and Professional Bodies

In recent weeks, the urgency of the climate crisis has been highlighted by scientists, politicians and royalty and all eyes will be on the COP26 Glasgow conference this month to see whether the politicians will be able to negotiate a deal which is fit for purpose. As environmental issues are increasingly emphasised, more disputes about […]

How does the court deal with uncontroverted expert evidence?

This week I am considering the case of Griffiths v TUI (UK) Limited [2021] EWCA Civ 1442 (CA) which was handed down in the Court of Appeal on 7 October. Earlier this year, in my post about the case of Oaklion Properties Ltd v Denbighshire County Council [2021], I explained that, when preparing for a […]

Preservation of evidence: Chubb European Group SE v Hiscox Insurance and Hawkins & Associates Ltd

It has been a while since I looked at an insurance dispute so this week I have chosen to review Chubb European Group SE v Hiscox Insurance and Hawkins & Associates Ltd [2021] EWHC 1808 (TCC). Judgment was handed down on 9 June 2021. The case was concerned with Chubb’s application for an order seeking […]

Original and best: Advancing a claim without the primary document

What happens if you want to bring a claim, but you no longer have the original version of the key document you need to support your case? This is a point which the Court of Appeal was asked to consider in the case of Goodison v PRA Group (UK) Limited. Background The appellant, G, had […]

Applications for pre-action disclosure: specific, timely and fair

In this week’s Weekly Law Review, I have chosen to look at the case of Domestic and General Insurance Plc v HomeShield Direct Ltd [2021] 4 WLUK 278. Fellow litigators will know just how tough it is to get a pre-action disclosure order, and this case reinforces that fact. It also serves as a useful […]

The Dispute Adviser

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