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13 September 2018 / Dominic Regan
Issue: 7808 / Categories: Features
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Legal definitions 2018

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Dominic Regan takes on the urgent task of updating some legal terms & shares some early examples

Alternative dispute resolution

Once seen as a bit soppy, it is now of deadly importance. Huge, adverse costs sanctions will be visited upon those who unreasonably reject the process. And it stops judges having to judge (see below).

Arbitrator

A self-appointed position secured by all ‘retiring’ Supreme Court and Court of Appeal judges. A reasonable period elapses before they announce their new occupation, typically three days. It is absolutely not about fees, first class flights, and being abroad during the grim British winter.

Commercial dispute

My bill hasn’t been paid.

International commercial dispute

My bill hasn’t been paid by a Russian.

Costs management

One specialist who attended the Civil Justice Council LASPO Review on 29 June 2018 declared that he had been failed by budgeting in 4,000 cases! A costs lawyer complained about the complexity and consequent expense of the exercise. One judge pretends it does not exist.

Court fees

Legalised extortion which the mafia wishes it had thought of (although it does have certain standards). Claimants

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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