Contact: Boodle Hatfield LLP (London, England)

If you are a party to litigation in England and Wales, you may hear one or more of the following statements from your adviser:

  1. It is unlikely that the claim, if issued, will ever reach a trial.
  2. If there is a trial, it will be at least a year from issuing the claim before it takes place.    
  3. If parties agree to attempt the mediation of the dispute, it is likely that the mediation will result in a settlement (either at the mediation, or shortly thereafter).

I have been guilty of asserting these statements to be true, without considering the evidence supporting them. Fortunately, we live in an age of relative openness and there is plenty of data available to test these statements. Please note that the following analysis looks at data available in relation to civil claims and then some specific data relating to my area of practice, which primarily includes claims in the Chancery Division of the High Court, i.e., of relatively high value (worth more than £100,000) or complex claims relating to trusts, wills and probate matters.

(What follows comes with the (statistically unsupported) health warning that lawyers are generally more comfortable with words than with numbers!)

Read more: Litigation in England and Wales: A numbers game?

To assist our clients and friends in other jurisdictions, Boodle Hatfield (London, England) have identified the questions which are most frequently asked regarding civil litigation proceedings in England and Wales.  (Please note that Scotland and Northern Ireland are separate jurisdictions and different rules apply.) Click on the link below for a copy of our Top 10 FAQ's Guide.

Read more: Top Ten FAQs About Civil Litigation Proceedings in England and Wales

Contact: Elizabeth E. Collins, Brouse McDowell (Akron, Ohio, USA)

Companies such as Uber and Lyft provide a much-welcome alternative to taxis and public transportation. These companies are rapidly expanding into local markets. Uber, for example, has expanded to 57 countries and offers ride-sharing locally in both Cleveland and Akron, Ohio. With their convenience and relatively low pricing, many believe that these ride-sharing companies are a better alternative to taxis and public transportation. However, skeptics are asking if these companies are too good to be true. One important issue passengers should consider involves insurance coverage. What happens if your Uber driver gets into a car accident and you are injured? Does the driver’s personal insurance policy or Uber’s insurance policy, for that matter, cover your injury? What about Uber and Lyft’s own liability for passengers’ injuries? A brief analysis of these concerns follows.

Read more: Are You Protected When You Use Uber or Lyft? The Pros and Cons of Ride-Sharing Companies for...

Contact: Matthew Kelly Jr. and Sekou Lewis; Schnader Harrison Segal & Lewis LLP (Delaware & Pennsylvania, USA)

A tragic accident often leads to calls for re-examination of a long-accepted part of culture.  This past week, after a broken bat at Fenway Park seriously injured a fan, commentators are calling for a re-examination of the baseball rule: stadium owners and operators have only a limited duty to fans to protect them from baseballs or other items flying from the field of play. Every few years the baseball rule is challenged. For example, a 2009 accident at a Houston Astros game resulted in a fan losing her eye. That case wound its way through the Texas courts, with the plaintiff’s claims shut down at both the trial and appellate levels; she did not even garner an audience with the Texas Supreme Court. The baseball rule was too strong.

Read more: Flying Fenway Bat Calls New Attention to the Baseball Rule

Contact: Andrew Shute and Matthew Payten, Carter Newell (Queensland, Australia)

Legal professional privilege, also known as client legal privilege, is an important tool to facilitate frank legal advice between lawyer and client, going beyond a mere rule of evidence to be considered a ‘fundamental condition on which the administration of justice as a whole rests’.1

Read more: In-house counsel update: Legal professional privilege – independence declines and the purpose...