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Two years into the ADR reforms, John McElroy & Dr Kirstie Imber examine the boundary between reasonable resistance & costly non-engagement

Refusing mediation need not trigger a costs penalty, but litigators must justify their position

When does a solicitor’s retainer become a contentious business agreement? The Court of Appeal’s decision in Broadfield Law UK LLP v Barnes shows that listing hourly rates alone will not do, leaving firms and clients uncertain about their rights over bills

If the essence of a contentious business agreement is certainty, why are we still confused? Victoria Morrison-Hughes

A client cannot use a costs assessment to investigate whether their solicitor received commission on an after-the-event (ATE) insurance premium, the Court of Appeal has held

Indemnity costs remain exceptional, but parties cannot ignore a case that deteriorates around them. In Lawrence v Associated Newspapers, Mr Justice Nicklin ordered the claimants to pay indemnity costs after finding their conduct, viewed cumulatively, fell ‘well outside the norm’

Enforcement headaches, reluctant judgments & surprising outcomes: Dominic Regan surveys the legal landscape

Winning a judgment may be only the beginning of an expensive enforcement battle, writes Professor Dominic Regan in this week's NLJ

Masood Ahmed, associate professor of law, on why indemnity costs are determined by the conduct, not just the outcome, of litigation

Mr Justice Nicklin’s decision to order costs on an indemnity basis may be a ‘significant win’ but it’s still ‘far from game, set and match’ for Associated Newspapers, a former costs judge has said

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MOVERS & SHAKERS

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Withers—Sophie Barrett-Brown

Withers drives further growth in its UK immigration team with new partner Sophie Barrett-Brown

Venus Legal—Esther Amoako

Venus Legal invests in next generation of legal talent as specialist litigation practice grows

Fisher Phillips—Catrina Smith

Fisher Phillips continues momentum in London with arrival of Catrina Smith

NEWS

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NLJ this week: Silence comes dear

Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect

NLJ this week: Prosecutions under watch

Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested

NLJ this week: Immunity breached

Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling

NLJ this week: Blame game backfires

Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation

NLJ this week: Sanctions divide

Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia

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Costs

MOVERS & SHAKERS

Withers—Sophie Barrett-Brown

Venus Legal—Esther Amoako

Fisher Phillips—Catrina Smith