Archive

Completing the jigsaw: the likely effect of the 10 percent increase in general damages

Claimant lawyers heaved a moderate sigh of relief when the Court of Appeal promised to implement Jackson LJ's proposal to increase general damages by 10 per cent, a part of the costs reform jigsaw that parliament had not taken forward. Defendant lawyers aren't so convinced that the move would achieve the intended rebalancing. We asked claimant ?lawyer David Marshall and defendant lawyer Rachel Moore for their initial impressions

SRA appoints expert to investigate discrimination claims

Professor Gus John to focus on quality of decision-making

Workshop: Property: mortgages and shared ownership

Few lenders involved in shared ownership schemes would agree to including the housing association in the mortgage deeds without it having any liability, while the Land Registry will also refuse registration if only the individual purchaser is named, says John Coulter

Adhering to the spirit of Part 36

Litigants hoping to circumvent the requirements of Part 36 offers may find it difficult to obtain indemnity costs or the costs protection the rule offers, say Ross Risby and Melissa Jones

Rethinking software licensing

The recent Oracle judgment could trigger a radical 'change of approach to the resale and licensing of 'computer software, with implications going beyond 'narrow technology circles, says Eddie Powell

Perverting the course of justice is an inherently serious offence

Judges regard the offence as so serious that defendants are unlikely to escape custody without strong mitigating factors,

Civil conduct | Acting in social media libel claims

The faster environment created by online social media is forcing defamation lawyers to act 'a lot more quickly, say Alex Cochrane and Patrick Wheeler

Update | Divorce: keeping communication channels open

Austin Chessell explains why effective communication between separating couples not only aids the resolution of disputes but helps to keep fees under control