Articles by Jonathan Haydn-Williams

“Playing the percentage game”: the use of percentages to express the chance of litigation success

60 second summary: We are used to, and think we understand, percentage probability. Lawyers and their clients find it a useful tool in communicating and understanding the chance of success of a piece of litigation. However, parties need to take the reality check that a chance of success of, for example, 70% also means a […]

Civil litigation: ‘Discovery’ is not the same as ‘Disclosure’ (forensic e-providers please note)

Every other day, it seems, I receive marketing emails or phone calls from firms offering forensic services in the field of electronic document disclosure. What some offer me, though, is an ‘e-discovery‘ service. Save your time! I am a solicitor practising in England and Wales, where Lord Woolf abolished ‘discovery’ in the late 1990s (replacing it […]

Mediation in uncertain times

The Civil Mediation Council (‘CMC’) held its annual conference yesterday (16 May 2017) in Birmingham. It was an inspiring and informative day. Dr Sue Prince of Exeter University gave the first presentation, about her research into use of mediation in the justice system. She has a wealth of data and knowledge from the UK and […]

Brexit report on “justice for families, individuals and businesses”

The House of Lords EU Committee has published a report about the effect of Brexit on three EU Regulations which together ‘play an important role in facilitating the daily operation of the European legal system’. Jonathan Haydn-Williams looks at the Committee’s conclusions as to the Brussels I Regulation ‘recast’, relating to jurisdiction and judgments in civil […]

My Submission to Lord Justice Jackson’s Review of “Fixed Recoverable Costs”

Jonathan Haydn-Williams has made a written submission to Lord Justice Jackson’s review of “Fixed Recoverable Costs”. His 30 second summary: Jackson LJ is to report later in the year on proposals to limit the legal costs which a successful party can recover from the losing one, in claims up to £250,000. I think it is […]

Brexit and Article 50 – A Summary of the Judgment of the High Court of 3 November 2016

From screaming headlines to more sober assessments, much has been written about this decision of the High Court since it was delivered earlier this month. Early in December, an appeal by the government is to be heard by the Supreme Court. The judgment is 31 pages long and comprises 111 paragraphs. The aim of this […]

Guidance notes for parties engaging in mediation

What is mediation? Mediation is a voluntary process in which parties to a dispute seek to resolve it with the assistance of an independent and impartial mediator. This may be done by means of the parties and the mediator meeting or communicating ‘remotely’, e.g. by phone. If the parties reach a resolution, it is usually […]

R v Secretary of State for Exiting the EU: Judgment of the Divisional Court

Attached r-v-secretary-of-state-for-exiting-the-eu is the Judgment approved by the Court (subject to editorial corrections) as delivered today. Decision: “the Secretary of State does not have power under the Crown’s prerogative to give notice pursuant to Article 50 of the TEU for the United Kingdom to withdraw from the European Union”. This is subject to appeal, which is […]

A little legal common sense goes a long way: in memoriam John Greenwood Collier

On Friday, I attended a memorial service in Cambridge for my former law tutor, John Collier. ‘JC’ was a brilliant lawyer, who understood not only the fine detail, but also the essence of a legal issue – which he had the knack of setting out with concise clarity. He was both academic and practical. If […]

Constitutional aspects of Brexit

Executive summary: The EU Referendum was advisory, not binding; no UK decision on ‘Brexit’ has yet been taken; although EU law has primacy, the UK has never given up sovereignty to the EU; the issue of whether Parliament has to legislate for a decision to leave the EU, before ‘Article 50’ notification is given, is […]

Binding alternatives to litigation

Jonathan Haydn-Williams gave a seminar on 7 July 2016 to the Association of Partnership Practitioners on “Binding Alternatives to Litigation”, namely Arbitration and Expert Determination. A copy of his written presentation is available Goodman Derrick LLP Binding Alternatives to Litigation. He is happy to answer any questions which may arise in relation to it. The […]

ALERT! Deadline looms for insolvency claims

Please note the following in respect of insolvency claims: the sizeable premium for an ATE (After the Event) insurance policy to cover the risk of losing and having to pay an opponent’s costs will no longer be recoverable from an unsuccessful opponent if the policy is taken out later than 31 March this year. Insurers […]

Flooded? Hints about making an effective insurance claim

A flooded home is a horrible experience. But you have been paying your insurer to cover you against just such a possibility. So you should receive financial and other assistance in putting your property back in order. At least that’s the theory. In the majority of cases, it will also be the outcome. However, a […]

Dispute resolution: review of 2015 and letter to Father Christmas

It might seem a bit early to be reviewing the year when there is another month to go, but the Christmas lights are up in the streets and the TV ads have been on our screens for weeks. And with less than 4 weeks to Christmas, it is time to send a letter to Father […]

Making a profit out of justice? The latest increase in court fees

Substantial increases to court fees were introduced on 9 March 2015. These replace the previous fee system, with fees now calculated at 5% of the value of claims between £10,000 and £200,000. Where the claim is for a sum of over £200,000, or for an unlimited amount, the fee is capped at £10,000. Fees for […]

Mediation Update

We report on two aspects of mediation: selecting a mediator and the perils of not responding to a mediation proposal. Selecting a mediator The selection of a mediator involves the parties agreeing on a choice of mediator. Given that the parties are in dispute, this can become a difficult and long drawn out process. If […]

Reorganising the Regulation of Financial Services in the UK: The Financial Services Act 2012

1st April sees the introduction of a new structure for the regulation of financial services in the UK. Is its rolling out on April Fools’ Day just a bit of quirky Britishness or a true indication that we would be fooling ourselves in thinking that a mere re-organisation could prevent a repeat of the banking and financial crisis?

Important Changes to English Litigation Costs – Part 1

In Shakespeare’s time, lawyers adopted a “no fee, no breath” approach. In spite of the still widely held view that lawyers will do anything for money and nothing without it, “no win, no fee” arrangements have become commonplace in recent years in English litigation. However, a series of controversial changes are shortly to be introduced which, depending on one’s viewpoint, may reduce access to justice for some, whilst increasing it for others and place some losing parties in a fairer position, but some in a worse one. Jonathan Haydn-Williams explains the current position and the imminent changes.

Infringement of Copyright in Non-Fiction Works: From Luxembourg to Darlington

Jonathan Haydn-Williams considers three significant court decisions concerning infringement of copyright in factual or historical literary works. In the first, the European Court introduced a new test for infringement, which the second and third have blended into English law. As a result, reproducing even small extracts of news articles may amount to infringement and a headline may in itself attract copyright protection. The third case concerns the story of “Flipper”, a disabled supporter of Darlington Football Club.