header-logo header-logo

Will Coventry trump Mitchell?

14 August 2014 / Dominic Regan
Issue: 7619 / Categories: Opinion
printer mail-detail
comment_regan

Dominic Regan predicts that Coventry v Lawrence heralds more bad news for litigators

Nineteen days. That is how long the litigation truce lasted. Denton, handed down on 4 July, restored some semblance of litigation order. On 23 July the Supreme Court gave judgment in Coventry v Lawrence and in so doing raised an issue worth potentially billions of pounds to the legal profession (see Denton v TH White Ltd; Decadent Vapours Ltd v Bevan; Utilise TDS Ltd v Davies [2014] EWCA Civ 906 and Coventry and others v Lawrence and another (No 2 ) [2014] UKSC 46). Lord Neuberger, president no less of the court, lobbed in an issue that has already been seized upon by paying parties—a point that could decimate solicitors, barristers and after-the-event (ATE) insurers. Very simply, the paying respondents contended that to require them to pay a success fee and an ATE premium would constitute a breach of Art 6 (the right to a fair trial) of the European Convention on Human rights (see para 38).

This liability

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

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
back-to-top-scroll