Published on: 05 July 2024
Published by a Law360 reporter
Labour’s manifesto offered scant detail on commercial disputes or the broader legal sector, bar proposals to expedite certain criminal cases through the courts at pace. And, in contrast to the Conservatives, Labour conspicuously omitted key legislative measures on arbitration and class actions from its manifesto entirely. Dispute resolution practitioners will look closely to see if Labour resumes the work started under the Conservative administration in this arena. Here, Law360 sets out what to anticipate from the new government under Prime Minister Keir Starmer now.
Lawyers and the litigation funding industry were left in limbo when a proposed bill drafted to reverse the effects of the 2023 Supreme Court decision, known as PACCAR, was not taken forward in the ‘wash-up’ period before Parliament was formally dissolved. The bill, which had received a second reading in the upper House of Lords, was designed to ensure that litigation funding agreements, which provide for the funder to take a share of damages, are enforceable in law. The original wording, which would have made it retrospective, did not convince everyone, prompting reservations in some quarters. Nevertheless, before dissolution the Litigation Funding Agreements (Enforceability) Bill had secured broad cross-party support in Parliament...
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
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