Legal News

Should an immoral regime rise to power, it is tempting to think lawyers and the rule of law would act as a protective wall. But is this true? Sadly, history suggests not, as John Gould, chair of Russell-Cooke, writes in this week’s NLJ.

Retired costs judge John O’Hare discusses ADR in three contexts, in this week’s NLJ. He covers cases provisionally allocated to the small claims track, commercial litigation in the County Court, and claims opposed by liability insurers or by large self-insuring organisations such as local authorities or health authorities.

Ambiguity over the governing law of arbitration agreements continues to spark debate. In July, meanwhile, the government reintroduced the Arbitration Bill, which would have altered the outcome in September of the Supreme Court case, UniCredit. In this week’s NLJ, Valya Georgieva, senior associate, Penningtons Manches Cooper, and Ravi Aswani, barrister, 36 Group, examine the court’s reasoning and consider how the outcome might have differed if the Arbitration Bill, currently before Parliament, had been in force.

The remedy of ‘specific performance’ is little-used but can be ‘extremely beneficial’ in M&A disputes. In this week’s NLJ, Yasseen Gailani, partner, and Megan Hiluta, senior associate, Quinn Emanuel, explain why looking beyond the remedy of damages may pay dividends for clients.

The Supreme Court has clarified the role of ‘bad faith’ in invalidating trademarks, in a dispute between a broadcaster and IT company over the word ‘Sky’.

Solicitors could lose their right to handle client money, following the Axiom Ince debacle.

A costs judge has reduced a bill claimed at nearly £260,000 to zero, in a ruling that highlights a gap in legal regulation.

Duty solicitors at police stations will receive an extra £18.5m from 6 December, while legal aid lawyers at youth courts will get a £5.1m boost for the most serious cases, the Lord Chancellor Shabana Mahmood has confirmed.

The Civil Justice Council (CJC) has set out detailed guidelines on evaluating and managing mental capacity—an area of procedure that was previously unclear.

A case management portal and two websites will be launched by the Supreme Court and Judicial Committee of the Privy Council next month, to streamline permission to appeal applications and make ‘interactions with the court as effortless as possible’.