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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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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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A recent announcement in the House of Commons may lead to venues such as sports halls and hotel conference rooms being used as temporary court rooms should there be a backlog of claims and cases following the COVID-19 coronavirus lockdown. In England and Wales there are already over 1,400 cases waiting for dates at both the Crown court and magistrates court, a number that increases to grow week by week.

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In a claim filed at a court in New York City, USA last month, software giant Microsoft is facing legal action over alleged unauthorised use of professional photographers’ images. The images in question were taken by American photographer Matilde Gattoni and appeared in an article titled 'These are the women leading China’s wine revolution’.

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A recent independent report by London-based litigation analytics specialists Solomonic has highlighted a fall in the number of litigation actions taking place in the UK’s commercial courts, following steady growth in the preceding five previous years.

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Latest News

  • In a further sign of the burgeoning litigation and dispute resolution market in the UK, a London based litigation funding provider is making available funding in excess £585m to tackle high-value civil litigation claims in the UK courts. Read More

  • New research published recently by insurance broker and risk managers Gallagher suggests that incidents of legal threats, claims and formal complaints against UK companies is likely to continue to increase over the next few years. With the volume of such actions having over doubled since 2018 and having increased by an incredible 300% since 2016, it is vital that UK businesses take positive steps to mitigate against such eventualities. The Gallagher data, based on surveying more than 3,000 UK businesses across multiple sectors, found that in the past five years, over half (56%) of all businesses have faced an accusation, claim or allegation of unlawful behaviour. Sectors facing the most litigation include IT (72%) and construction (60%), and amongst these the proportion is even higher.Employees make up the bulk of the accusations (44%), followed by customers (23%), clients (22%) and suppliers... Read More

  • Following the collapse of construction giant Carillion in Jan 2018, litigation funding has recently been confirmed allowing the defunct business to pursue legal action against accountants KPMG. The funding has been agreed by Litigation Capital Management (LCM), who have agreed to fund the £250m claim being made by Carillion’s liquidator in the Commercial Court. It what is widely regarded as the largest ever corporate failure in the UK’s construction sector, Carillion collapsed in January 2018 with reported liabilities of around £7bn. Before their collapse, Carillion formed part of a consortium that held contracts to build part of the forthcoming HS2 high speed railway line, it maintained 50,000 homes for the Ministry of Defence and managed schools, highways and prisons. On 10 July 2017, Carillion announced that its profits would be hit to the tune of £845m and, as a consequence, its chief... Read More