Dispute resolution

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In recent years, the court have ‘displayed more willingness’ to recognise the concept of a duty of good faith in contractual disputes, Abdulali Jiwaji, partner at Signature Litigation, writes in this week’s NLJ. The Supreme Court’s ruling in Braganza has also influenced contractual interpretation, requiring discretionary decisions under contracts to be rational, honest and not arbitrary

Abdulali Jiwaji considers the courts’ application of the Braganza duty in relation to discretionary decisions

The Civil Justice Council (CJC) has called for light-touch regulation and immediate legislation to reverse PACCAR, in its final report on litigation funding

Justice minister Sarah Sackman KC will give the opening address at London International Disputes Week (LIDW25) on 3 June

It’s been a slow process, but anti-SLAPP legislation is finally on the statute book (although not yet in force). In this week’s NLJ, Michael Bundock, barrister, dispute resolution, Lexis+AI, explores the potential impact of the new measures, which are designed to stop legitimate comment being stifled by ‘strategic litigation against public participation’ (SLAPP)

Michael Bundock gives a muted welcome to the new rules

Successful service of a notice is a deceptively difficult task: Taylor Briggs & Michael Ranson serve up a recent reminder from the courts

Abusive litigation tactics, or simply a solicitor doing their best for their client?

Where to draw the line between aggressive litigation tactics & misconduct? Clare Hughes-Williams & Megan Hill explore a recent tribunal decision

Memory is fallible, so how should litigation lawyers be aware of this when preparing witness statements? Mary Young, partner, and Laurence Clarke, senior associate, in the dispute resolution team at Kingsley Napley, discuss the unreliability of memory and court procedure rules introduced nearly four years ago on record-keeping and preparation of witness statements.

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MOVERS & SHAKERS

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Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS

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Public Accounts Committee warn of ‘extinction’ risk for legal aid

The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned

NLJ this week: The insider returns

Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome

NLJ this week: Drawing the line on contempt

After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights

NLJ this week: Stop and search by the numbers

The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains

NLJ this week: Looking back on the prorogation that never was

Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously

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Dispute resolution

MOVERS & SHAKERS

Carey Olsen—Kim Paiva

Morgan Lewis—Kat Gibson

Foot Anstey McKees—Chris Milligan & Michael Kelly