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MoJ proposes fixed costs on most claims worth up to £100k

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English civil litigation: A secure perch

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How to use mediation rather than litigation to resolve business disputes – Smart Business Network

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Civil litigation very often is mediated, sometimes twice, so that parties in conflict can avoid fighting out a dispute in court.  “Businesses should think long and hard about moving forward with litigation without first trying to reconcile their differences through mediation,” says David Schaefer, Esq., a principal at McCarthy, Lebit, Crystal & Liffman Co., L.P.A. and a member of the National Academy of Distinguished Neutrals. “It’s a tried-and-true process that’s inexpensive when compared to the cost of litigation. And it’s a process that can save companies both time and money.” Smart Business spoke with Schaefer about the mediation process and [...]

Commercial court plans late sittings in $5bn fraud claim

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Mirror publisher loses appeal to protect confidential sources in phone-hacking litigation

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The publisher of the Mirror titles and the Sunday People has failed in a Court of Appeal bid to ensure confidential sources are protected in the disclosure of call records as part of phone-hacking litigation. Mirror Group Newspapers applied to the High Court in March last year to amend the “early disclosure” regime, which means it must provide phone-hacking claimants with call data in relation to them and four nominated friends or family members, known as associates. Mr Justice Mann dismissed the case, saying the regime was “very important to the just and proportionate disposal of cases” and that the [...]

Mirror publisher loses appeal to protect confidential sources in phone-hacking litigation – Press Ga…

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The publisher of the Mirror titles and the Sunday People has failed in a Court of Appeal bid to ensure confidential sources are protected in the disclosure of call records as part of phone-hacking litigation. Mirror Group Newspapers applied to the High Court in March last year to amend the “early disclosure” regime, which means it must provide phone-hacking claimants with call data in relation to them and four nominated friends or family members, known as associates. Mr Justice Mann dismissed the case, saying the regime was “very important to the just and proportionate disposal of cases” and that the [...]

Court backs recoverability of agency fees in PI claims – Law Gazette

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The court has ruled in favour of claimants in a battle over medical agency fees that affects thousands of low-value personal injury cases. Ruling in Beardmore v Lancashire CC in Liverpool County Court earlier this month, Judge Graham Wood QC rejected the defendant’s attack on the recoverability of agency fees charged for obtaining medical records in employers’ and public liability cases that have exited the portal process and fall under CPR 45.29I. The dispute arose from a straightforward tripping claim that settled for £3,500 after leaving the portal. The defendant agreed to pay the relevant fixed legal costs and the [...]

When Your Spouse Doesn’t Want A Divorce

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My heart went out to this woman, whose spouse doesn’t want a divorce: “I want a divorce but my husband doesn’t.  I have been unhappy for years. I’ve tried to talk to him. No response. I tried to get him to go to marriage counseling. He said okay, but never went. I told him I was going to a divorce lawyer. He was upset at first, but now acts like nothing has changed. I am beside myself!  I know that getting a divorce is the right thing to do. But my husband is making this so hard! He got the [...]