reposted / 23 posts found
New English court rules will encourage settlement of litigation
The Civil Procedure Rules (CPR), which govern civil litigation in the English courts, have been updated to give greater effect to a landmark Court of Appeal ruling last year, Churchill v Merthyr Tydfil. In that case, the court found that judges have the power to ‘stay’ – or pause – court proceedings so that the parties can attempt to resolve their disputes through mediation or another form of alternative dispute resolution (ADR). The court can even positively require parties to engage in ADR. The updates are part of a wider drive in the English courts to encourage parties to […]
Civil Litigation – Judges tire of gameplaying tactics in costs disputes
It has been an assumption for years in costs budgeting in civil litigation: claimants start high and negotiate down, assuming there will be scope for ending up at the figure wanted all along. But have judges had enough of the game-playing? Two judgments in quick succession from Master Thornett have both criticised claimants’ overstated costs budgets and penalised the parties accordingly. Costs experts are now warning that parties are not immune from sanctions during the costs management process, and if their costs appear high at first glance, they will have to justify this. ‘For those drafting costs budgets, ensuring they […]
‘I think I was relieved’: life on the other side of mature age divorce
The instance of mature couples divorcing is on the rise. Are over 50s less inclined to stay together than their parents, and what makes a ‘good uncoupling’? Vicki Milliken “I went through this process of feeling like my future had been stolen from me,” says 53-year-old Kate Christie about the end of her 22-year marriage. “He said to me, ‘I don’t love you any more. I want to leave our marriage. I want the chance to meet and fall in love with someone else while I’m still young.’ And that was that.” “I felt really blindsided. I was angry, upset […]
12 Things I Wish I Knew When I was Getting Divorced
I’d walk around on the verge of tears all day long, every day. I felt really scared. I felt sad. I felt angry. I felt like a failure. I felt worried about my young children. And, I felt very very alone. I’m referring to a time in my life several years ago, when I was first getting divorced. I didn’t know one person who was going through a divorce and I felt like had no one. No one to talk to, no one to listen, and no one who understood how I was feeling. I didn’t want to talk to […]
Rising AI Use Paired With Layoffs Invites Age Bias Litigation
Employers like IBM that conduct layoffs while integrating more artificial intelligence into operations face potential exposure to age bias lawsuits if older workers are among the first to get a pink slip. Human resources departments increasingly have been adopting AI-powered tools to help streamline their business processes and efficiently complete tasks like drafting job descriptions and performance reviews or responding to employee inquiries. As a result, there’s a growing discomfort at the prospect that jobs traditionally viewed as needing a human touch may now actually be on the chopping block. “In the past, HR fields haven’t necessarily been a field […]
Litigation costs: an age-old problem, a fixed solution
It isn’t necessary to read Bleak House, centred on the infamous Jarndyce v Jarndyce inheritance dispute which dragged on for many generations devouring the entire estate, to understand the problem that is the costs of litigation. The author’s view of the chancery court system is withering: “Suffer any wrong that can be done you rather than come here!” This article aims to provide a simple overview of the issue and of new rules aimed at resolving it. The problem A more recent, real-life, example is the case of Court v Van Dijk, a dispute over who should pay for work […]