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11 March 2022 / Michael Frisby
Issue: 7970 / Categories: Opinion , Covid-19 , Profession
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2020 vision: Litigating in 2022

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As we dare to hope that lockdown is now behind us, what has changed since the pandemic & how will it impact the practice of commercial litigation in the post-pandemic environment? Michael Frisby reports

As we entered 2020, the big issue facing the country was Brexit. Parliamentary deadlock had been broken with the election of the Johnson government in December 2020, and all eyes were on the negotiations; the risks of a ‘hard Brexit’ were high on the agenda for businesses and lawyers alike, with concerns that London’s place as a world-leading dispute resolution centre might be at risk. Then the pandemic hit, and in March 2020 the first lockdown took effect.

Pandemic problems

The impact was immediate. On the procedural side, the court and arbitral institutions responded to ensure that business continued, and lawyers adapted and learned to deal with virtual hearings and virtual mediations in no time at all. Electronic bundles became de rigeur and, by necessity, greener modes of doing business were embraced by litigators, the courts

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MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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