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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

Laytons ETL—Maximilian Kraitt

Laytons ETL—Maximilian Kraitt

Commercial firm strengthens real estate disputes team with associate hire

Switalskis—three appointments

Switalskis—three appointments

Firm appoints three directors to board

Browne Jacobson—seven promotions

Browne Jacobson—seven promotions

Six promoted to partner and one to legal director across UK and Ireland offices

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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