ARC Costs Lawyers and Draftsmen’s Post

The latest amendments to the Civil Procedure Rules, which came into effect on 1 October 2024 have given the Courts power to order parties to engage in alternative dispute resolution. The new rules emphasise the importance of the parties attempting to settle at every stage of the dispute. Steven Johnson, Associate Solicitor in our Dispute Resolution team provides an overview of the new approach - https://lnkd.in/eTqeJPaA #CivilLitigation #DisputeResolution

The response to a Request for Disclosure or if you are in civil litigation, the response to Required Disclosure are one of the most critical components for trial, yet many overlook this basic roadmap. This instrument is a basic roadmap of what issues are going to be tried, the witnesses that are going to be called, and the experts that have been designated. If you are in civil litigation, this is also where you are showing the dollar amount in damages that a party has sustained (economical damages), but also, how that amount was quantified. When preparing for a trial, start with the basics. This is often a reminder of where the case started and may trigger your memory on other issues as well. From there, this will guide you to a basic outline of the exhibits you intend to use for the trial. With additional preparation, the client’s story, subject to a few edits, will be told. Start with the basics. #daatsallyouneed.

Will changes to the Florida Rules of Civil Procedure lead to a short term increase in the number of bankruptcy filings? I think so. Particularly, given changes to granting continuances of trial. Pending litigation is one of the leading reasons a bankruptcy is filed. And often it comes before a dispositive event, such as summary judgment or a trial. For many pending cases, the rule changes will accelerate matters towards dispositive events. #bankruptcy #chapter11 https://lnkd.in/eZizMaby

What is an Expert Witness? 🤔 The term ‘expert witness’ tends to be used in litigation. Whilst precious few (less than 1%) of dilapidation cases actually end up in court - although it is often ‘threatened’ by landlords and their solicitors – not all cases can be negotiated to settlement by the chartered surveyor (both ‘building’ and ‘valuation’) involved. The small percentage that cannot be settled tend to go to Alternative Dispute Resolution, so that trial is very much a last resort. 🌐 Learn more: https://buff.ly/3LeixVF #Dilapidations #ExpertWitness #AlternativeDisputeResolution

🚨Boring CPR update alert 🚨 A significant change has been made to the Civil Procedure Rules, coming into force on 1 October 2024. The CPR will enshrine the Court's ability to direct parties to engage in ADR. CPR 3.1(2)(o) expressly provides the ability to "order the parties to engage in alternative dispute resolution". Under CPR 1.1(2)(f), the obligation to promote ADR will also be an express part of the overriding objective and a failure to do so and/or to comply with such an order will expressly be relevant to any costs assessment under CPR 44.2(5)(e). We all have had those cases where a party (and frankly often the lawyers) considers the merits are so strong that they do not wish to engage with ADR. This CPR change will make it even more important to recognise that engagement with ADR is not really an ‘alternative’ to legal proceedings but a key component of it. Indeed, since 2022, the Commercial Court Guide has not even referred to it as ADR but as 'NDR', or ‘Negotiated Dispute Resolution’. It isn’t an alternative in the Court’s eyes and this CPR change can clearly be seen as designed to give effect to the ongoing judicial policy drive to embed ADR (or NDR) more fully into court procedure and culture at all stages of the process. Something for practitioners to be well aware of.

🔒 Wondering about the consequences of defaulting on your property contract? 🤔 Dive deep into this article post to uncover crucial insights into legal risks and financial implications. Don't risk missing out on vital information—educate yourself today! Discover more: https://lnkd.in/geF7Yv4k Ready to discuss your property contract concerns? Contact us today for a complimentary 30-minute consultation with one of our experienced property lawyers. 📞💬 https://lnkd.in/eagdDig4 #PropertyLegalities #FinancialRisk #RealEstateEducation #NBpropertylaw #LegalAdvice

Navigate the complexities of estate distribution with our expert webinar featuring John Lambe & Tom Howcroft from Forbes Solicitors. Learn to draft wills that avoid disputes. Register now. #Webinar #InheritanceAct #WillWriting

Ontario's legal landscape has evolved with the introduction of Rule 6.1.01(1), a transformative amendment to the Rules of Civil Procedure that allows for separate hearings on different issues within the same case—potentially even without unanimous consent from all parties involved. This new rule holds particular significance for estate litigators dealing with complex matters. Dive into Mark's blog, where he breaks down the essentials of this rule, discusses its implications, and examines how it could streamline legal proceedings by separating issues like liability and damages. https://ow.ly/tbtX50TtQve #HullonEstaters #BifurcationRule #CivilProceedings

When your statement of claim is answered only with various excuses for failing to defend, it might be tempting to push for a default judgement in order to get what is owed to you. However, the court may take a different view of matters. It may choose to balance law and equity with procedure, as demonstrated in one recent Ontario case. Edward Lynde Q. Arb. Jessy Oduro-Kwachie #constructionlaw #constructionlawyer #defaultjudgements #disputeresolution https://bit.ly/4cuVbb2

Some of the most difficult quagmires that litigators face are ones born out of their client's failures to abide by, or take seriously, obligations under the rules of civil procedures or court orders. These failures cannot only slow down efforts to move the case towards resolution, it can also have dire consequences on the outcome of the matter. In his article, "Court Appeals Ruling Affirms Harsh Consequences for Failure to Abide by the Rules" Aaron Lumpkin breaks down the ruling in Smith v Olsen that resulted in a seven-figure judgment illustrating the drastic results from failure to abide by these procedures. Read the full story below! #business #management #BreakingNews #Scottsdale #attorney #contract #noncompete #arizonalawyer #businesslaw #phoenixliving #FederalTradeCommission #lawsuit #businessowner #court