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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

Taylor Rose—Jessica Draganescu & Emily Hewlett

Taylor Rose—Jessica Draganescu & Emily Hewlett

Firm strengthens growth strategy and group litigation capability with senior hires

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
The legal profession’s claim to be a ‘guardian of fairness’ is under scrutiny after stark findings on gender imbalance and opaque progression. Writing in NLJ this week, Joshua Purser of No5 Barristers’ Chambers and Govindi Deerasinghe of Global 50/50 warn that leadership remains dominated by a narrow elite, with men holding 71% of top court roles
A legal challenge to police disclosure rules has failed, reinforcing a push for transparency in policing. In NLJ this week, Neil Parpworth examines a case where the Metropolitan Police required officers to declare membership of groups like the Freemasons
Bereavement leave is undergoing a quiet but profound transformation. Writing in NLJ this week, Robert Hargreaves of York St John University explains how the Employment Rights Act 2025 introduces a day-one right to leave for a wider range of losses, alongside new provisions for pregnancy loss and bereaved partners
Courts are beginning to grapple with whether AI-generated material is legally privileged—and the answers are mixed. In this week's issue of NLJ, Stacie Bourton, Tom Whittaker & Beata Kolodziej of Burges Salmon examine US rulings showing how easily privilege can be lost
New guidance seeks to bring order to the growing use of artificial intelligence (AI) in expert evidence. Writing in NLJ this week, Minesh Tanna and David Bridge of Simmons & Simmons set out a framework stressing ‘transparency’, ‘explainability’ and ‘reliability’
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