London Solicitors Litigation Association

Welcome to the latest LSLA newsletter containing details of some of our most recent and future activities and issues which might affect you.  For more details please visit our website by clicking here

LSLA News

Spring Lecture Series

Full details of our Spring Lecture Series have been circulated to members. In case you missed them the lectures planned are:

• Tuesday 31 March 2009 Dinah Rose QC “Holding the Regulator to Account”
• Tuesday 7 April 2009 Michael Beloff QC “Closed Minds on Open Justice?”
• Tuesday 28 April 2009 Tim Dutton QC “The Aftermath: The Legal Profession after the Credit Crisis”
• Wednesday 20 May 2009 Jonathan Crow QC “Business as usual for Company Directors?”

LSLA AGM and AGM Dinner – 17 March 2009

Last month we circulated your invitation to the AGM and AGM dinner to be at held at Lovells on 17 March 2009. This year’s speaker is David Gold, the senior partner of Herbert Smith and former head of its litigation and arbitration department. Chatham House rules apply so the evening should be both informative and entertaining.

Legal News

The Commercial Court Long Trials Working Party 
On Monday 26 January 2009 the LSLA, CLF and Combar held a meeting at the offices of Herbert Smith, to provide feedback on the pilot scheme for long cases in the Commercial Court. The speakers panel included Lord Justice Aikens (who chaired the working party which introduced the pilot scheme), Mr Justice Andrew Smith, and Mr Justice Flaux. Two former LSLA Presidents, Graham Huntley (Lovells) and Simon Davis (Clifford Chance) sat on the working party.

The meeting was well attended and feedback was given to the Judges on a number of topics covered by the working party and pilot scheme. Probably the most interesting point to arise was when discussing the list of issues, which has proved controversial in practice. Many practitioners had previously understood that the list of issues was designed in effect to replace the normal statements of case, so that it was important to ensure that every matter raised by the statements of case had to be included in the list of issues, which caused the list of issues to become a lengthy document and the subject of much argument between rival parties' lawyers. However, Lord Justice Aikens clarified that the statements of case remain a requirement under the CPR, and the list of issues is intended to be a much shorter, working document summarising the main issues in the case. The test as to whether a party can raise a particular issue at trial will be whether that issue has been pleaded in its statement of case, not whether it has been included in the list of issues.

The working party's decision as to which of the pilot scheme proposals to adopt on a more permanent basis, and include in the Commercial Court Guide, is expected by Easter. 

Lord Justice Jackson’s Costs Review
On 9 February the LSLA convened a special meeting with Lord Justice Jackson to give members an opportunity to have input into the Judge's review. Lord Justice Jackson is undertaking a year-long fundamental review of the costs of civil justice and is meeting with practitioners, court users and other interested parties to seek their views before preparing a preliminary report (due on 8 May). The meeting focused on four key areas with speakers from the LSLA setting the scene by putting the case for and against:

• Contingency fees
• Abolition of costs shifting
• Changes to the disclosure rules
• Abolition of/ changes to Summary Assessment

During the course of the meeting, the Judge asked for feedback from the room on a number of issues and conducted straw polls on certain points. For the benefit of those who were unable to attend, we have compiled a survey setting out the questions raised to give all LSLA members the opportunity to have input into the review. You can access the survey by clicking here

Please take a few minutes to complete the survey - on a confidential basis if you wish. We will then collate the results and provide them to the Judge to assist him with his review.

The survey will remain open for completion until 9th March 2009.

Law Society consultation paper on Contingency Fees
As reported last month the Law Society has issued a consultation paper on Contingency Fees which seeks views on a number of issues about the funding of civil litigation and, in particular, contingency fees and third party funding. A copy of the paper is on our website.

The LSLA is putting together a sub-committee to consider the issues and draft a response on behalf of its members to be provided the Law Society by 31 March 2009. If you would like your views to be included in our response, please send these to Georgina Squire at Georgina.Squire@rkllp.co.uk. 

Consultation Paper on Court Fees
The Ministry of Justice has published a consultation paper on Civil Court Fees, which is available from the MoJ website (www.justice.gov.uk). In essence, the paper is a continuation of the Government's policy to set Court fees, so far as possible, at levels that reflect the full cost of the process involved. The paper proposes increases in family fees, in fees for enforcement processes, and in magistrates' court fees. View document by clicking here.

The LSLA Committee is preparing a response, the deadline for which is Wednesday 4 March 2009. If you have any comments, please feed them to Lucy McKinley, the LSLA Administrator

Consultation Paper on Higher Rights
The Solicitors Regulation Authority has issued a consultation paper dated 21 January 2009 in relation to Solicitor Higher Court Advocates, which is available from its website (www.sra.org.uk). Following a previous consultation the SRA decided to retain its mandatory accreditation scheme for solicitors wishing to exercise rights of audience in the higher courts. The SRA is now looking at the question of re-accreditation and sets out three options on which it seeks feedback: (1) mandatory re-accreditation for all solicitor advocates on a periodic basis, perhaps every 5 years; or (2) targeted re-accreditation for those solicitor advocates who qualified via the exemption route without passing an advocacy assessment; or (3) no re-accreditation, but it is suggested that all those who qualified via the exemption route should still have to pass an advocacy assessment.

The LSLA Committee is preparing a response, the deadline for which is Thursday 16 April 2009. If you have any comments, please feed them to Lucy McKinley, the LSLA Administrator. 

Reform of Class Actions

The Civil Justice Council (“CJC”) published its final report 12 December 2008. With the aim of “improving access to justice through collective actions” the CJC’s report makes 11 recommendations to improve and expand the current basis upon which collective actions can be brought. It also attaches a draft “Collective Proceedings Act” and draft amendments to the CPR.

David Greene and Fraser Whitehead are working on the LSLA’s response to the consultation paper.  

Recent Press

Committee Members of the LSLA and the LSLA itself have appeared in several recent articles including:

• The Solicitors Journal 13 January 2009:  “Help where help is needed? The proposed guidance on pre-action conduct fails to provide clarity in certain areas yet it could subject other areas to further complexities says Patrick Wheeler”

• Times Online 28 January 2009: “Debate continues on future of commercial litigation” bySimon Davis
  (see Times Article Here )

• Legal Week 29 January 2009: An article entitled “Post-BCCI reforms fail to gather support from professionals” reported on the lack of response to the review of the Commercial Court Long Trials Working Party as revealed at the meeting on 26 January 2009
  ( see Legal Week Article Here )

• Solicitors Journal 3 February 2009: “Permission to appeal? Patrick Wheeler tries to reconcile the apparent divergence between the notes to the CPR and the case law on extension for appeals”

• Solicitors Journal 24 February 2009: “Preparing for any contingency – Contingency fees have the potential to deliver proportionate costs, access to justice and new business opportunities, says Fraser Whitehead”