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Jackson – Light at the end of the tunnel?

 MARKET VIEW – LITIGATION 

Enyo Law’s Peter Fitzpatrick, Annabel Thomas and Lauren Gash analyse how the Jackson reforms are bedding down a year after they came into force

Over a year has passed since the Jackson reforms came into force in April 2013 under the Legal Aid, Sentencing and Punishment of Offenders Act. Like the Woolf reforms before them, the aim of the reforms was to cut the cost of civil litigation and streamline cases, reducing the use of court time and encouraging early settlement.

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The Disputes Dilemma

 MARKET VIEW – INTRODUCTION 

Quinn Emanuel’s Ted Greeno weighs up the pros and cons of the different dispute resolution options and offers his insight into which option to pursue

It’s an old chestnut: which is better, litigation or arbitration? This is the third attempt I have had at it. In the first, I wrote an article singing the praises of arbitration over litigation. In the second, I debated for the motion: ‘This house considers that litigation is better than arbitration’, at a Commercial Litigators Forum event. On that occasion, my opponent (now partner at Quinn Emanuel Urquhart & Sullivan), Stephen Jagusch, used the entirety of his allotted time to quote my article back at me. So I approach this question with caution.

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The agony of choice

 MARKET VIEW – LITIGATION 

Bär & Karrer partners Daniel Hochstrasser and Nadja Jaisli Kull discuss the dos and don’ts to be considered when appointing arbitrators

For all of its emphasis on privacy, procedural flexibility and the reassurance that comes with a widely-adopted enforcement regime in the form of the New York Convention, parties remain attracted to international arbitration for a sometimes-overlooked, but equally important, factor: the ability to select their own decision-makers. In some ways, however, being spoilt for choice can make picking one’s candidate that much more difficult. Do you go for the expensive ‘name’ arbitrator? The Big Law associate tipped for great things but with comparatively few appointments to their name? Or, for counsel and arbitrators of a certain generation, the most unthinkable move of all – a woman?

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Better late than never

 MARKET VIEW – LITIGATION 

The Honourable Marc Lalonde on Canada’s accession to the ICSID Convention and why it took so long to ratify

Since the end of World War II, Canada has played a role in international affairs well above its relative economic or military power, whether at the United Nations or in other international institutions such as the World Trade Organisation (WTO) or the G5 (then G7, G10 and G20). It has also pursued the advancement of its economic interests through the signing of some 30 bilateral investment protection treaties (BITs or Foreign Investment Promotion and Protection Agreements (FIPAs) as they are called in Canada) as well as the North American Free Trade Agreement of 1994 (NAFTA). And although it may take a few more years before it is ratified, a preliminary agreement has also been reached recently with the European Union on the text of the Comprehensive Economic and Trade Agreement (CETA), well ahead of the US, which is just starting such negotiations. It is also actively participating in the current Trans-Pacific Partnership Free Trade Negotiations.

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International relations

 MARKET VIEW – LITIGATION 

Omni Bridgeway’s Wieger Wielinga gives an overview of the Enforcement of Arbitration Awards against Sovereign entities in Practice

The last decade has shown a sharp increase in investment treaty-based and other international arbitration against sovereign nations, parastatals and other semi-sovereign entities. In the slipstream came an increase in the number of cases in which such sovereigns resisted complying with judgments and arbitration awards, including awards from the World Bank’s International Centre for Settlement of Investment Disputes (ICSID). Winning an arbitration award against a sovereign does not necessarily mean that recovery will be successful.

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Growing the Litigation Funding Market

 MARKET VIEW – LITIGATION 

Simon Dluzniak of Bentham IMF discusses Europe’s litigation funding market and compares it with the more mature Australian market the funder has come from

The third-party litigation funding market in this jurisdiction is, relative to Australia, still in its infancy. Hence it is incumbent upon the various stakeholders within the industry to continue to create awareness of the benefits of litigation funding in assisting and shaping its growth. After what appears to have been a fairly positive start, third-party funding (TPF) appears to have suffered a backlash of sorts as a result of a spate of so-called ‘setbacks’, most notably the loss of high-profile funded cases (for example, the Excalibur case) and the collapse of a well-known funder (Argentum).

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Covering Every Contingency – Portfolio Funding of Litigation

 MARKET VIEW – LITIGATION 

Therium’s Neil Purslow examines the different funding options available

Since the introduction of damages-based agreements (DBAs) on 1 April 2013, use of contingency fee arrangements (CFAs) in England and Wales has been very limited, due largely no doubt to the fact that partial DBAs are not permitted and also the flaws in the enabling regulations have created uncertainty as to the efficacy of this new form of agreement. Nevertheless, commercial litigators have shown significant interest in taking litigation risk on their cases in return for a contingency fee upside. While this has, however, been difficult to achieve to date, Therium has now launched a portfolio funding offering which, through using a variation of a typical funding structure, allows law firms to offer contingency fee-based services to their litigation clients,
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Pick your battles

 THIRD-PARTY FUNDING 

London’s litigation funders are turning their attention to international arbitration. Can this deliver their breakthrough?

No sooner had Excalibur begun to drift from memory than another setback befell the litigation funding industry: the decision in August of the RSM v Saint Lucia majority to award security for costs on account of an unnamed funder’s involvement in the case, the first time such an order had been issued in the context of investment arbitration.

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‘I was impressed by the firm’: Farrer & Co turns to CMS Cameron McKenna financial control chief to boost growth

Private client-focused firm Farrer & Co has made concerted efforts to polish its growth strategy, and has recruited CMS Cameron McKenna‘s head of financial control Julian Eastlake to develop the firm’s financial direction in a bid to optimise profits and sustain the growth of the partnership.

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Mergerwatch – discussions crank up a gear as Morgan Lewis and Bingham look set to combine

After months of wrangling, the heavily trailed union between Global 100 firms Bingham McCutchen and Morgan, Lewis & Bockius looks set to go ahead, after a pre-recorded voicemail message from Bingham managing partner Steven Browne informed partners of the proposed union on Friday (19 September).

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High Court rules Lord Chancellor acted ‘unlawfully’ in legal aid reform consultation

In a stinging blow to the government’s controversial and widely condemned plans to overhaul criminal legal aid, the High Court ruled on Friday (19 September) that the Lord Chancellor Chris Grayling acted ‘unlawfully’ over his failure to disclose the contents of two key reports during the consultation process.

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Income up for the top 100 law firms but top 10 see slide as Deloitte records differing fortunes in the first quarter

Accountancy giant Deloitte has recorded reduced fee income for the top 10 UK law firms in the first quarter of 2014/15, with a 2.7% fall as a result of a 2.1% decrease in fee earner headcount alongside a decline in sterling rates as a consequence of the strong pound.

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The Friday Edit: Bingham sees $50m team quit, Scots lawyers relieved and GC ethics get a prod

This is the third edition of our new review of the week, which I am now bitterly regretting as we are going to press today on an 80-page report. But I can’t let the kids down, so here’s a recap and a dash of commentary on the interesting legal things that happened in the last five days.

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‘It will create confusion for clients’: SRA board votes to further open market to MDPs

In a decision that is sure to generate mixed reaction within the market, the Solicitors Regulation Authority approved measures yesterday [17 September] to progress its plans for regulatory reform, and voted to make it easier for multi-disciplinary practices (MDPs) to provide legal services under its regulation.

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