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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

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

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
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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