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06 February 2015 / Ian Gascoigne
Issue: 7639 / Categories: Features , Profession
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Back to the future

Predicting the future: 2015 in commercial disputes, by Ian Gascoigne

A year ago, New Law Journal published an article in which a colleague and I speculated on the outlook for commercial litigation in 2014 (see “Opportunities & threats”, 164 NLJ 7594, p 6). Principally, we said that the courts’ grip on case management would tighten in the aftermath of Mitchell v News Group Newspapers [2013] EWCA Civ 1537, [2014] 2 All ER 430, but damages-based agreements would turn out to be slow burners. Both predictions proved to be correct. Resisting the advice to “quit while ahead”, the challenge of foreshadowing what will occur in 2015 is not as easy. I see it as a year of consolidation after two years’ upheaval.

Subtle difference

The outlook for commercial claims in 2015 is subtly different from a year ago. Then, the much-feared Jackson reforms, in use for nine months, were creating a real stir among dispute lawyers. Although at the start of 2014 many commercial claims were excluded from the rigour of mandatory costs

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MOVERS & SHAKERS

Slater Heelis—Probate & Court of Protection team

Slater Heelis—Probate & Court of Protection team

Slater Heelis brings Probate and Court of Protection expertise together with new dedicated team

Clarke Willmott—Antonia Power

Clarke Willmott—Antonia Power

Antonia Power joins Clarke Willmott in Taunton

Haynes Boone—Chris Acton

Haynes Boone—Chris Acton

Chris Acton joins Haynes Boone as chair of UK derivatives platform

NEWS
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
Climate change belongs on every lawyer’s agenda, with risks extending far beyond environmental practice into commercial advice, litigation and access to justice
Workplace bullying and harassment can no longer be left solely to HR, as financial regulation scrutinises culture, character and fitness
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