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Legal definitions 2018

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

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MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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