Litigation

Chair of Litigation Committee

Simon James, Clifford Chance LLP
This email address is being protected from spambots. You need JavaScript enabled to view it.

15/08/2018 - Letter to MoJ about Hybrid DBAs

Letter written on behalf of the Litigation Committee of the City of London Law Society in response to the Ministry of Justice's Post-Implementation Review of Part 2 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, urging HM Government to reconsider its policy of prohibiting solicitors from entering into hybrid DBAs in relation to commercial disputes, whether in the English courts or in an arbitration with its seat in England and Wales.
Download this file (Letter to MoJ re hybrid DBAs - 15 08 18.pdf)

13/12/2017 - CLLS Litigation Committee response to the Civil Justice Council's Consultation Paper on ADR and Civil Justice

Download this file (CLLS response to CJC consultation on ADR and Civil Justice.pdf)

23/01/2017 - Litigation Committee submission regarding the possible extension of fixed recoverable costs

Litigation Committee submission to Lord Justice Jackson regarding the possible extension of fixed recoverable costs
Download this file (CLLS submission to Jackson LJ regarding fixed recoverable costs - 23 01 17.pdf)

23/06/2016 - CLLS response to Appeals to the Court of Appeal proposed amendments to CPR and PD

CLLS response to Appeals to the Court of Appeal proposed amendments to CPR and PD
Download this file (CLLS response to Appeals to the Court of Appeal proposed amendments to CPR and PD 35243-5-158 v0.1.pdf)

29/02/2016 - Litigation Committee response to Lord Justice Briggs' Civil Courts Structure Review: Interim Report

Litigation Committee response to Lord Justice Briggs' Civil Courts Structure Review: Interim Report
Download this file (CLLS response to Briggs LJ's Civil Courts Structure Review Interim Report 35243-5-153 v0.1.pdf)

15/09/2015 - Litigation Committee response to the Ministry of Justice's Consultation Paper entitled Court and Tribunal Fees

Download this file (CLLS response to MoJ consultation paper on court and tribunal fees.pdf)

11/06/2015 - Response to Consultation on the Shorter and Earlier Trial Procedures Initiative

Download this file (CLLS response to consultation paper on Shorter Trials Initiative 35243-5-135 v0.1.pdf)

11/06/2015 - Response to Consultation on the Rolls Building Financial List Initiative

Download this file (CLLS response to consultation paper on the Financial List 35243-5-136 v0.1 (2).pdf)

02/03/2015 - Response to Ministry of Justice's Consultation on on Enhanced Court Fees: Part 2 of the Consultation Response and Further Proposals for Consultation

Download this file (CLLS response to MoJ consultation paper on enhanced court fees 35243-5-130 v0.1.pdf)

18/02/2015 - Response to BIS consultation paper on nullifcation of ban on invoice assignment clauses

Download this file (CLLS response to DBIS consultation paper on nullifcation of ban on invoice assignment clauses 35243-5-128 v0.1.pdf)

23/06/2014 - Combar/CLLS specimen Agreement for the Supply of Services by a Barrister in a Commercial Case (Version 2.1)

As a result of regulatory changes, barristers enter into contracts with their instructing solicitors more frequently than was traditionally the case. In order to assist barristers and solicitors in commercial cases, the City of London Law Society and the Commercial Bar Association have negotiated specimen terms (the "Terms") that can, if the parties so wish, be used as a basis for discussions in relation to terms to be agreed for any particular case. Version 1 of the Terms was first published in January 2013, but is now succeeded by version 2 with effect from 1 January 2014. Version 2 endeavours to build on practical experience of using the Terms, aims to make clearer the effect of certain terms and also reflects certain regulatory changes. Version 2.1, dated 23 June 2014, amends version 2.0 by confirming (for the avoidance of any doubt) that the optional limitation in clause 20.3 caps the barrister’s overall liability including any liability under clause 12.3.
Download this file (20140624 Combar CLLS Barrister's terms version 2 1 35243-5-117 v0 1 (3).pdf)

23/06/2014 - Combar/CLLS Guidance note on the Agreement for the Supply of Services by a Barrister in a Commercial Case (Version 2.1)

Download this file (20140624 Guidance note on Combar CLLS barrister's terms version 2 1 35243-5-118 v0 1 (3).pdf)

10/03/2014 - Response to the Civil Justice Council’s call for written submissions on the impact of the Jackson reforms on costs and case management

The submission’s Introduction noted: “The Committee is highly concerned about the impact of [the reforms in civil procedure introduced in April 2013 (“the Reforms”)] on the conduct of commercial litigation in England and Wales. In particular, the Committee considers that the Reforms have increased the cost of litigation, that the Reforms have not improved the efficiency of litigation or the proportionality of litigation costs, that the Reforms have engendered an unduly formalistic approach to compliance, and that there remain major ambiguities in the interpretation and application of the Reforms. Indeed, the Committee is concerned that the Reforms may have an adverse effect on the international perception of litigation in England.”
Download this file (20140307 CLLS paper for CJC on Jackson reforms 35243-5-114 v1 1 (3) (final).pdf)

30/01/2014 - Response to the Ministry of Justice’s Consultation Paper: Court Fees: Proposals for Reform

The Committee’s response raised a number of concerns with the proposals contained in the Consultation Paper, and in its general comments stated that “The Committee does not accept that the Consultation Paper makes out any case for increasing court fees in civil litigation”.
Download this file (20140130 CLLS response to MoJ Consultation Paper Court Fees Proposals for Reform 35243-5-111 v0 1 (5).pdf)

18/12/2013 - Response to the Civil Justice Council's Costs Committee's Call for Evidence regarding solicitors' guideline hourly rates

The Civil Justice Council's Costs Committee (the "CJC") call for evidence sought to assist the CJC in making "evidence-based recommendations" on new guideline hourly rates for solicitors' firms. In parallel with the call for evidence, the CJC had conducted a survey of solicitors' firms, to gather evidence in order to enable the CJC to set guideline rates. The Litigation Committee responded in detail to the call for evidence and noted generally that "the CJC's survey reflects a flawed approach to establishing solicitors' reasonable charges and, further, that if this approach is carried through, it may reduce the international attractiveness of litigation in England and Wales."
Download this file (20131217 CLLS response to CJC call for evidence on guideline rates 35243-5-103 v0.pdf)

04/11/2013 - Response to Ministry of Justice consultation on Costs protection in defamation and privacy claims: the Government’s proposals

The consultation paper proposed a scheme that would allow a court to exclude or limit the normal costs liability of an unsuccessful party to publication proceedings because that party would suffer severe financial hardship if it were ordered to pay the successful party's costs. The response was critical of the fact that the consultation paper did not set out any criteria as to how the court should assess severe financial hardship. The response concluded that “the Consultation Paper should be withdrawn and a new paper issued that sets out the options for determining severe financial hardship and assesses how they might operate in practice. Without that, any consideration of the questions in the Consultation Paper will be incomplete at best, and probably flawed.”
Download this file (20131030 CLLS response to MoJ consultation paper on costs protection in defamation and privacy claims 35243-5-99 v0 1 (2).pdf)

04/11/2013 - Response to the Chancery Modernisation Review's Provisional Report

The Provisional Report, which made over 100 detailed recommendations, formed part of an in-depth review of the practice and procedure of the Chancery Division, and followed an intensive process of consultation and analysis between the review team and the whole of the chancery community. The Committee commented on several of the issues raised in the Provisional Report.
Download this file (20131028 CLLS response to Chancery Modernisation Review Provisional Report 35243-5-95 v0 11.pdf)

30/10/2013 - Response to the Ministry of Justice consultation paper Judicial Review: Proposals for further reform

The consultation invited views on potential measures for the further reform of judicial review, and followed on from the Government’s earlier judicial review consultation, which closed in January 2013. The Committee’s response was concerned solely with judicial review in a commercial context. In overview, the Committee stated that it was not convinced by the arguments in the Consultation Paper that the system of judicial review is in need of reform in the manner proposed in the Consultation Paper.
Download this file (20131028 CLLS response to MoJ consultation paper Judicial Review Proposals for Reform.pdf)

04/09/2013 - Response to JAC consultation paper on diversity consideration where candidates are of the "equal merit" provision

Download this file (JAC cosultation on equal merit 35243-5-87 v0 1.pdf)

29/07/2013 - Response to the Civil Procedure Rule Committee's consultation on costs budgeting and costs management

Response to the Civil Procedure Rule Committee's consultation on costs budgeting and costs management
Download this file (20130719-CLLS-response-to-CPRC-consultation-on-automatic-costs-budgeting-in~.pdf)

31/01/2013 - Press Release - CLLS/COMBAR Guidance for the Supply of Services by a Barrister

Press Release - CLLS/COMBAR Guidance for the Supply of Services by a Barrister in a Commercial Case
Download this file (CLLS-Combar-draft-press-release-Combar-amdmts.pdf)

14/02/2012 - Response to MoJ consultation

Response to MoJ consultation "Appointments and Diversity: 'A Judiciary for the 21st Century'"
Download this file (20120214-CLLS-Response-to-the-MoJ-consultation-paper-on-Appointments-and-Di~.pdf)

08/02/2012 - Response to the MoJ consultation paper on fees in the High Court and Court

Response to the MoJ consultation paper on fees in the High Court and Court of Appeal Civil Division
Download this file (20120208-CLLS-Response-to-the-MoJ-consultation-paper-on-fees-in-the-High-Co~.pdf)

19/09/2011 - Response to MoJ Consultation on draft European Asset Preservation Order

Response to MoJ Consultation on draft European Asset Preservation Order Regulation (Litigation Committee Response)
Download this file (20110919-Litigation-Comimittee-response-to-Ministry-of-Justice-consultation~.pdf)

29/06/2011 - Response to the Ministry of Justice consultation on solving disputes

Response to the Ministry of Justice consultation on solving disputes in the County Courts (CP6 2011)
Download this file (20110629-Litigation-Committee-response-to-the-Ministry-of-Justice-consultat~.pdf)

10/06/2011 - Response to Ministry of Justice Consultation on the Draft Defamation Bill

Response to Ministry of Justice Consultation on the Draft Defamation Bill
Download this file (20110610-City-of-London-Law-Society-Litigation-Committee-response-to-Minist~.pdf)

05/05/2011 - Response to European Commission Consultation paper

Response to European Commission Consultation paper "Towards a Coherent European Approach to Collective Redress"
Download this file (20110505-CLLS-Litigation-Committee-response-to-European-Commission-consulta~.pdf)

04/05/2011 - Response to the Lord Chief Justice's consultation on the use of live

Response to the Lord Chief Justice's consultation on the use of live, text-based communications from court
Download this file (20110504-CLLS-response-to-consultation-on-live-text-based-communications-fr~.pdf)

15/02/2011 - Financial Law Committee Response to MoJ Consultation

Financial Law Committee Response to MoJ Consultation "Revision of the Brussels 1 Regulation - How should the UK approach the negotiations?" See also the Litigation Committee response below.
Download this file (20110215-Financial-Law-Cttee-response-to-the-MOJ-consultation-on-Brussels-1.pdf)

11/02/2011 - Response to MoJ Nov 2010 Consultation

Response to MoJ Nov 2010 Consultation "Proposals for Reform of Civil Litigation Funding and Costs in England and Wales"
Download this file (20110211-Response-of-City-of-London-Law-Society-to-Ministry-of-Justice-re-i~.pdf)

11/02/2011 - Litigation Committee response to MoJ Consultation

Litigation Committee response to MoJ Consultation "Revision of the Brussels 1 Regulation - How should the UK approach the negotiations?" See also the Financial Law Committee response above.
Download this file (20110211-Revision-of-the-Brussels-I-Regulation---How-should-the-UK-approach~.pdf)

12/11/2010 - Response to Joint Advocacy Group consultation document on Proposals

Response to Joint Advocacy Group consultation document on Proposals for a Quality Assurance Scheme for Criminal Advocates
Download this file (20101117-Lit-Cttee-resp-to-JAG-condoc-on-proposals-for-a-quality-assurance-~.pdf)

08/10/2010 - Response to the Civil Justice Council Consultation on a Self Regulatory Code

Response to the Civil Justice Council Consultation on a Self Regulatory Code for Third Party Funding
Download this file (20101008-Lit-Cttee-Response-to-A-Self-Regulatory-Code-for-Third-Party-Fundi~.pdf)

26/07/2010 - Response to Bar Council Consultation on Contractual Terms of Work

Response to Bar Council Consultation on Contractual Terms of Work
Download this file (20100726-CLLSBarCouncilContractConsultation.pdf)

09/02/2010 - Response to the Ministry of Justice Consultation Paper CP53/09 regarding the

Response to the Ministry of Justice Consultation Paper CP53/09 regarding the Civil Law Reform Bill
Download this file (Civil-Law-Reform-Bill.pdf)

14/01/2010 - Submission to the House of Commons Public Bill Committee on the Financial Servic

Submission to the House of Commons Public Bill Committee on the Financial Services Bill 2009-10
Download this file (CLLS-Litigation-Committeer.pdf)

31/07/2009 - Response to Lord Justice Jackson's Preliminary Report on Civil Litigation Costs

Response to Lord Justice Jackson's Preliminary Report on Civil Litigation Costs dated 8 May 2009
Download this file (20090730-CLLS-Litigation-Committee---Response-to-the-Preliminary-Report-(fi~.pdf)

06/05/2009 - Response to CP4/09 Controlling Costs in Defamation Proceedings

Response to CP4/09 Controlling Costs in Defamation Proceedings
Download this file (20090506-CLLS-Response-to-MOJ-CP-on-defamation-costs-May-2009.pdf)

15/04/2009 - Response to the SRA's Consultation on Proposals for Mandatory Re-Accreditation

Response to the SRA's Consultation on Proposals for Mandatory Re-Accreditation
Download this file (proposal-for-mandatory-reaccreditation.pdf)

31/03/2009 - Response to Law Society Consultation on Litigation Funding: Key Issues

Response to Law Society Consultation on Litigation Funding: Key Issues and Background
Download this file (20090331-Letter-to-Law-Society-re-Contingency-Fees.pdf)

12/11/2008 - Response to Civil Procedure Rules Consultation on Costs Capping Orders

Response to Civil Procedure Rules Consultation on Costs Capping Orders
Download this file (20081023-cost-capping-consultation-questionnaire.doc)

29/07/2008 - Response to SRA's consultation on standards for Solicitor Higher Courts Advocate

Response to SRA's consultation on standards for Solicitor Higher Courts Advocates and outline proposals for a new accreditation scheme
Download this file (20080725-Submission-re-standards-for-solicitor-higher-courts-advocates-and-~.doc)

15/05/2008 - Response to the Civil Justice Council Consultation on a General Pre-Action

Response to the Civil Justice Council Consultation on a General Pre-Action Protocol and Practice Direction in Pre-Action Protocols
Download this file (20080515-Submission-re-Pre-Action-Protocol.pdf)

22/01/2008 - Response to consultation

Response to consultation "The Governance of Britain - Judicial Appointments"
Download this file (Judicial-appointments-final-22-January-08.pdf)

30/10/2007 - Comments on Solicitors' Code of Conduct: Rule11 - Litigation and Advocacy

Comments on Solicitors' Code of Conduct: Rule11 - Litigation and Advocacy
Download this file (Rule11final.pdf)

23/10/2007 - Response to Consultation on Part 6 of the Civil Procedure Rules

Response to Consultation on Part 6 of the Civil Procedure Rules, Service of Documents
Download this file (Part6ServiceDocs.pdf)

116193160131495710715027154125722141404113116247162171