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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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Subscribe to this list via RSS Blog posts tagged in no win no fee business claim

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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The contemporary UK litigation sector now allows for a variety of alternative options when it comes to resolving commercial, business and personal legal disputes. Known as Alternative Dispute Resolution (‘ADR’), it is worth being aware of the options available and which may be best suited for your individual circumstances.

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Before the Event Insurance – commonly shortened to “BTE”- is an insurance policy that is purchased by a business or individual that is designed to cover legal costs in the event of them needing to make a claim or should a claim be made against them. Whilst you can purchase BTE insurance as a ‘standalone’ policy, it is more commonly included with a range of business or personal insurance products. As with most types of insurance, the cover that a BTE policy provides can vary and is vital that the policy cover, and its limitations, are fully understood before buying a policy.

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September’s annual report from litigation funding business LCM has highlighted the overall lack of choice and competition in the UK’s litigation funding market. The report from the Australian based funder also highlights that the market for claimants seeking to fund litigation as a pro-active choice, rather than through financial necessity, is “almost entirely unaddressed”.

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Despite facing criticism from the legal profession since they were updated in the Damages-Based Agreements Regulations in 2013, forthcoming updates to Damages Based Agreements (‘DBA’) are set to make this model of funding for civil litigation claims far more attractive.

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The UK’s Anglia Ruskin University has lost a claim by one of its graduates over the standard and quality of the teaching provided, resulting in an out of court financial settlement of £61,000.

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Latest News

  • A large scale contract dispute claim has commenced involving a Hull based energy plant and one of its main contractors. The plant – Energy Works Hull – terminated the contract for MW High Tech Projects as they claim that the contractor had not met the agreed project completion date. Energy Works Hull are seeking £133m in damages to cover the cost of rectifying defects, delay damages and added costs to complete works. In response, MW High Tech Projects is disputing the claim and has subsequently filed a counterclaim for just under £47m, based on provisions they say are in the original contract that provide for payment following a termination for convenience. The two parties are now heading for the High Court with claims and counterclaims stemming from failure to deliver the project, termination of the main contract and assignment of a key... Read More

  • Engineering and construction firm Bechtel now has a court date set to enable its appeal against the award of the HS2 £1bn Old Oak Common station construction partner contract. Read More

  • Whilst Covid-19 may have forced many parts of society to slow down and re-think our approach to all aspects of our lives, recent comments by a number of High Court judges would seem to indicate that this is certainly not happening in civil and commercial litigation. The 3 judges have expressed their disquiet over the ever increasing pervasiveness of hostile and antagonistic approaches to litigation where every point, good or bad, is taken. In the case of Navigator Equities Ltd & Ors v Deripaska from July this year, Mr Justice Andrew Baker said that, in the 30 years in which he had worked in commercial dispute resolution: There has been a significant general increase in hostility and aggressiveness in the conduct of disputes…the taking of any and every point, good or bad, and other failures to display proper independence from the litigating client... Read More