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Advantage Litigation News & Updates

From time to time we will post news articles and announcements relating to the firm and to various legal issues that may be of interest to you.

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Business at all levels is underpinned by contracts. These can range from simple verbal agreements for low value transactions through to complex and detailed written agreements between corporations and governments. To save on the risk of future avoidable legal actions, writing a contract that is suitable for the transaction or agreement is key. A contract is a pledge, between two or more parties (be they individuals or organisations), that is legally binding. It is designed to the fulfilment of commitment in exchange for something of value. Whilst some contracts may be made verbally, there are some that must be in writing, such as for a property transaction.

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As part of the UK government’s attempts to speed up the processing of claims that have been affected by the Covid-19 pandemic, the Ministry of Justice (MOJ) has recently announced the location of the first ten temporary courts.
Dubbed ‘Nightingale Courts’ after the emergency intensive care hospitals that were set up in record time during the pandemic’s peak, the new, temporary will hopefully be finished and in use by the end of August. The first such court, at East Pallant House in Chichester, Sussex, is due to open by the start of next week. The new locations opening soon are:

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Despite the recent revelations highlighting the extent of the delays and backlog of cases in UK courts, the latest set of financial results by specialist litigation funder Manolette suggests that demand is still increasing and that the litigation funding sector is in rude health, with new enquiry volumes doubling compared to the previous year.

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If you or your business is owed money by another business or individual, you can make an application to a court to claim the money that you are owed. This is known as making a court claim, and depending on your individual circumstances, there are two main types of court that you can register a claim with – the Small Claims Court and the County or High Court.

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Two major dispute resolution organisations are behind this new, low-cost solution: The Chartered Institute of Arbitrators (CIArb) and the Centre for Effective Dispute Resolution (CEDR). With many courts anticipating a big increase in demand for COVID-19 related commercial litigation, the two organisations have established a value-focussed, fixed cost service for disputes over monetary amounts between £5,000 and £250,000. The online resource offers facilitated negotiation, low-cost arbitration and mediation, and companies can proceed with or without a lawyer. The online resource offers facilitated negotiation, low-cost arbitration and mediation, and companies can proceed with or without a lawyer.

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Latest News

  • Following recent Supreme Court rulings in two professional negligence cases, the Court has outlined a “wholly new legal roadmap” for professional negligence claims made in England and Wales. As a result, the Professional Negligence Lawyers Association (PNLA) have said that existing claims will now need to be reviewed, stating that “for many there could be a substantial impact on the likely chances of success and the assessment of financial loss”.The cases in question are Khan v Meadows [2021] and Manchester Building Society v Grant Thornton UK LLP [2021]. The first case centred on whether a medical expert, who failed to diagnose that a mother carried the haemophilia gene, was liable for the costs associated with her son’s autism as well as his haemophilia, whilst the second case concerned whether accountants Grant Thornton were liable for the costs of a building society... Read More

  • A recently failed business claim that was dismissed at court has once again highlighted the many pitfalls and legal complexities facing litigants in person (LIPs – that is, individuals taking legal action without professional representation from a solicitor or barrister). The claim in question - Daly & Anr v Ryan & Anr. 2021 - concerned an individual businessman who had a costly judgment entered against him simply because he had repeatedly failed to abide by the rules. Read More

  • Latest statistics from the Solicitors Regulation Authority (SRA), who are responsible for the regulation of solicitors and law firms in England and Wales, confirm what many in the profession have been predicting for a while; that law firms are accelerating the consolidation process as they begin to embrace new ways of working. Read More