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13 September 2018 / Dominic Regan
Issue: 7808 / Categories: Features
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Legal definitions 2018

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Dominic Regan takes on the urgent task of updating some legal terms & shares some early examples

Alternative dispute resolution

Once seen as a bit soppy, it is now of deadly importance. Huge, adverse costs sanctions will be visited upon those who unreasonably reject the process. And it stops judges having to judge (see below).

Arbitrator

A self-appointed position secured by all ‘retiring’ Supreme Court and Court of Appeal judges. A reasonable period elapses before they announce their new occupation, typically three days. It is absolutely not about fees, first class flights, and being abroad during the grim British winter.

Commercial dispute

My bill hasn’t been paid.

International commercial dispute

My bill hasn’t been paid by a Russian.

Costs management

One specialist who attended the Civil Justice Council LASPO Review on 29 June 2018 declared that he had been failed by budgeting in 4,000 cases! A costs lawyer complained about the complexity and consequent expense of the exercise. One judge pretends it does not exist.

Court fees

Legalised extortion which the mafia wishes it

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MOVERS & SHAKERS

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Sponsored by
Forbes Solicitors—Stephen Barnfield

Forbes Solicitors—Stephen Barnfield

Regulatory team boosted by partner hire amid rising health and safety demand

Arc Pensions Law—Kris Weber

Arc Pensions Law—Kris Weber

Legal director promoted to partner at specialist pensions firm

Clarke Willmott—Jonathan Cree

Clarke Willmott—Jonathan Cree

Residential development capability expands with partner hire in Birmingham

NEWS
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NLJ this week: Mazur and more—inside the litigation frontline

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

NLJ this week: Social media bans for children spark legal dilemmas
Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
NLJ this week: Leasehold reform risks creating ‘forgotten freeholders’
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
NLJ this week: Court of Appeal clarifies when a claim truly begins
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
NLJ this week: Split FDRs could ease pressure—and boost settlements
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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