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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

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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