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

Following the UK’s exit from the European Union at the end of January this year, many leading City law firms have announced plans to open offices in the EU to ensure that they are able to continue to provide a full range of services throughout the EU.

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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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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Global tech giant Apple is likely to face a group-action claim over multiple problems and failures of the displays on its popular MacBook Pro range. Apple, one of the ‘big 5’ global technology companies and the first US company to be valued at over $1 trillion, is the defendant in a complaint filed in a California district court that alleges a number of breaches of state and federal consumer protection laws, in addition to fraudulent concealment.

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In addition to the dreadful effects on global human health and wellbeing, the ongoing coronavirus Covid-19 crisis is also having a seismic economic impact on businesses and organisations operating in all sectors and in all countries. As a by-product of this economic upheaval, commercial and civil lawyers are predicting an tsunami of legal actions in all jurisdictions as businesses’ and individuals turn to the courts for compensation resulting from Covid-19 related illness, death and economic disruption.

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A survey conducted by the Nesta Challenges, as part of its Legal Access Challenge, has highlighted concerns amongst many UK businesses that the ability to take effective legal action for commercial & business disputes is far too focussed on big business or those with significant financial resources.

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Following a recent High Court appeal judgement, infrastructure support services provider Amey are set to receive £4m in compensation from West Sussex County Council due to a disputed highways contract procurement process.

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Providers of professional indemnity insurance in the UK have revealed the massive increases in premiums over the past two years for Architects, Builders and Surveyors following the Grenfell Tower tragedy in June 2017.

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Pink Floyd legend and multi-instrumentalist David Gilmour has become embroiled in a contract dispute with the composer of a well-known and popular jingle that can be heard at train stations throughout France.

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Multiple European champions and current Premier League frontrunners Liverpool FC have emerged victorious in a recent contract dispute and are now free to use global sportswear giant Nike as their new supplier of official team kit.

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The Solicitors Disciplinary Tribunal (SDT) has fined two directors £17,500 each based on their role in a failed apartment development scheme.

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Recently published figures from a litigation funder LCM has highlighted the increasing trend in the use of external litigation funding to support commercial legal actions both in the UK and in other international jurisdictions.

Australian-based LCM’s annual report (to 6/19) shows a 17% year on year increase in revenues revenue17% to A$35m (£19m), with a 23% increase in gross profit to A$20m. LCM’s shares, launched on London’s AIM at 52p last December had reached a high of 116p in April 2019.

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Prompting speculation in the UK gambling industry that a private settlement has been reached, a long running claim for unpaid winnings from a horse racing bet has recently been discontinued.

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S&G (Slater & Gordon) solicitors has confirmed that it will be proceeding with its legal action against Watchstone PLC over claims that its acquisition of legal services business Quindell was based on fraudulent misrepresentation, together with breach of warranties provided as part of the deal.

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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

  • 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... Read More

  • The UK’s largest ever group action litigation action, ostensibly valued at almost £5bn, has been thrown out by the High Court in London with the case having been found to be an abuse of process. The case, Municipio De Mariana & Ors v BHP Group Plc & Anor, involved tens of thousands of Brazilian claimants followed the collapse of the Fundao dam in south eastern Brazil in 2015. The collapse killed 19 people and the subsequent flood wiped out many settlements and villages in its path.High Court judge Mr Justice Turner agreed with the defendants in the case after finding that the court could not handle such a disparate and unmanageable case involving so many claimants. The case was brought by PGMBM, a trading name of Excello Law Limited, on behalf of over 202,000 individual, corporate and institutional claimants against two... Read More

  • A recent ruling by the High Court in London will mean that unsuccessful claimants in the well-publicised Municipio De Mariana & Ors v BHP Group PLC & Anor group action claim will need to make an interim payment of £8m to cover 50% of their opponents legal costs. In making the ruling, High Court judge Mr Justice Turner said that it was wrong to penalise the defendants for the work done on the case. Justice Turner had already struck out group litigation on behalf of some 202,600 Brazilians last November who were claiming compensation following the collapse of the Fundao dam in Brazil in 2015, saying the task of managing such a case would be ‘irredeemably unmanageable’ if it was allowed to proceed. Read More