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03 July 2015 / Clare Arthurs , Richard Marshall
Issue: 7659 / Categories: Features , Profession
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A practical alphabet

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Clare Arthurs & Richard Marshall share an (almost) A-Z guide to pre-action considerations

Alternative dispute resolution

The courts genuinely want and expect parties to settle. Parties will need to prove that they have considered, offered or undertaken a form of ADR.

Be reasonable

The courts will see most of the correspondence, and a measured approach should (in theory) play out better than an unreasonable one.

Costs

Any disproportionate or unnecessary pre-action costs may not be recoverable from the other side.

Documents

What documents might you need to share with the other side at this early stage in order for them to make an informed decision about how to proceed?

Experts

What expert evidence might be needed to support your case or challenge the other side’s? Is it worth getting a preliminary advice to properly assess the strengths and weaknesses of the case?

Funding

Is there an insurance policy in place that might cover the potential litigation? Would ATE insurance be appropriate?

Get specialist advice (if required).

Counsel can prove a useful sounding board

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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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