Sentences with phrase «by litigants»

Combined with limited judicial resources, the need to encourage settlement and discourage inappropriate behaviour by litigants has never been more pressing.

However, the implications of the judgment, in terms of repaying fees paid by litigants, may be complicated to sort out.

Experts in this field are relied upon by litigants often.

Experts are hired by litigants to testify about issues that require technical or scientific knowledge.

In most cases, the higher court costs will be borne by litigants or the lawyers who work on contingency fees in civil cases, attorneys said yesterday.

That, in turn, has led to abuses by litigants dragging out proceedings for strategic purposes.

This often results in a race to the courthouse by litigants seeking to have the dispute heard in their preferred choice of venue.

It would be conducted online rather than on paper, designed primarily for use by litigants in person, investigatory rather than purely adversarial, with conciliation (including mediation and ENE (early neutral evaluation)-RRB- as a mainstream rather than only alternative form of resolution and face - to - face hearings for resolution only if documentary, telephone or video alternatives are unsuitable.

It would be the first UK court ever to be designed, from start to finish, for use by litigants without lawyers and would be intended for simple, low - value disputes.

In addition, extending the statute of limitations may actually cut down on the number of «placeholder suits» filed by litigants who suspect unequal pay policies in order to preserve their claims, even if they hadn't gathered all of the evidence to support their case.

Some lawyers are also unhappy about this new direction because the goal is to «make the whole process navigable by litigants with no, or greatly reduced, assistance from lawyers.»

Ressa: Couples can always DIY; most divorces are resolved by litigants who are self - represented.

If the case is unsuccessful, the funder loses its money and nothing is owed by the litigant.

A problem faced by litigants acting without legal representation is to ensure that documents submitted to the court are concise and clearly set out your arguments in a way that the other party can understand and respond to.

Unbundling is one answer, she feels, alongside improved legal aid funding, court system efficiencies, and a better appreciation by litigants of the complexity of the legal system.

Judge Lee explained to the Supreme Court Justices that the process is voluntary: «It is entirely a voluntary process by the litigants and families that choose to engage in the collaborative law process.

The government is proposing to raise the amount of recoverable costs by litigants in person in line with inflation.

«From the districts courts through to the hierarchy of courts, judges would need to adopt the use of technology in the adjudication and delivery of justice, because we do see cases which have taken so long before reaching the Supreme Court, you wonder whether there is any value met by the litigants.

Two weeks ago, EPA fended off an effort by the litigants to receive a legal «injunction» which would have temporarily blocked EPA from moving forward on the whole program.

Legal funding advances are not debt and are not reported to the credit bureaus, so a litigant's credit ratings will not be affected by a litigant obtains a legal funding advance.

It is critical that any settlements reached should be recorded immediately following the conclusion of the ENE session, and be signed by the litigants and their lawyers, if represented by legal counsel, to discourage buyer's remorse and the subsequent unravelling of the parties» settlement.

«We are being asked to do more work than ever to prepare for hearings, and during hearings; and we must also bear the brunt of the added difficulties presented and experienced by litigants in person, often in very stressful circumstances, and — in family cases — by the added strains on local authority budgets.»

But Timothy Dutton QC of Fountain Court Chambers warned the Bond Solon expert witness conference that the soaring number of actions brought by litigants in person could put current professional safeguards at risk.

While there is no substitute for a lawyer, the help of a well - trained non-lawyer standing by a litigant's side is far preferable to no help at all.

It has become, to a large extent, a mandatory procedure that litigants must have a good reason not to attempt, and must be approached by litigants in an objectively reasonable manner if they are not to be met with adverse costs orders later down the line.

Mediation, a form of non-binding structured negotiations involving a neutral third party mediator, is the principal method of alternative dispute resolution considered by litigants and encouraged by the courts.

Although we may disagree with and be vexed by litigants» choice to represent themselves, until we revise the rules to forbid self - representation, self - represented litigants are here to say.

The process, though unorthodox, draws on mediation and arbitration techniques and is grounded in respect by litigants for their respective positons in the conflict, a genuine desire to find resolution, and the ability to remove the conflict from rights, rightness and righteousness to fairness and equity.

«At the present time, the Superior Court of Justice is operating under conditions of scarcity of judicial resources relative to the demands generated by litigants in the system,» Brown writes in Atlas.

The treasury solicitor, who undertakes the investigation on behalf of the attorney, says that the attorney is unlikely to intervene unless at least six separate claims have been commenced by a litigant, which have been unsuccessful or struck out.

Having been forged in the midst of the foreclosure crisis which laid bare the enormous disadvantages faced by litigants when attempting to navigate our court systems without attorneys, Ice Legal is acutely aware of this profound societal problem as is committed to doing something about it.

It is difficult when you are under constant fire by a litigant and are personally attacked when you are trying to do your job.

Individual money claims can also be issued online, through a basic web portal; of its around 180,000 claims annually, 80 % are issued by litigants - in - person.

The FRWG has said that that the standard orders project has endeavoured to use language that is readily understood by litigants in person.

Venue shopping is a tactic that has long been employed by litigants to remove a matter to a jurisdiction deemed friendlier to one's side, based on past performance.

The network is co-ordinated by the Litigant in Person Support Strategy and supported by the Legal Education Foundation, funders of this website.

It is possible that the analysis used in this case could be used to argue that other reserved legal activities can be delegated by a litigant in person, who would bypass the regulations and protections set out in the LSA 2007, thereby leaving litigants in person at risk.

Such conduct undoubtedly gives rise to a reasonable suspicion by litigants that if it came to a hearing the matter would probably not be handled with complete impartiality.

Those who have the pleasure in defending claims by litigants in person can breathe a sigh of relief as the answer is no, albeit only a majority of 3:2.

A lesson for litigants: answers provided by the Court may not be the answers desired by the litigant; or any of the litigants!

The new rule states that campaign donations or independent expenditures by a litigant or an attorney can never be the sole basis for recusal.

The system in Slovenia is somewhat similar: the lawyer is chosen by the litigant; where none is chosen, a lawyer whose name is on a list drawn up by the regional Bar is appointed by the legal aid service; if that lawyer declines the appointment, they must give reasons and the legal aid service assesses the reasons given after consulting the national chamber of attorneys.

Family courts have lost authority and are not being taken seriously by litigants, a high court judge has warned.

There are two other areas, much frequented by litigants in person, where the new forms and procedures appear to work well.