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Back to the future

06 February 2015 / Ian Gascoigne
Issue: 7639 / Categories: Features , Profession
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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

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
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