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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

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

International arbitration team strengthened by double partner hire

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Firm celebrates trio holding senior regional law society and junior lawyers division roles

Michelman Robinson—Sukhi Kaler

Michelman Robinson—Sukhi Kaler

Partner joins commercial and business litigation team in London

NEWS
The Legal Action Group (LAG)—the UK charity dedicated to advancing access to justice—has unveiled its calendar of training courses, seminars and conferences designed to support lawyers, advisers and other legal professionals in tackling key areas of public interest law
The Police and Criminal Evidence Act 1984 transformed criminal justice. Writing in NLJ this week, Ed Cape of UWE and Matthew Hardcastle and Sandra Paul of Kingsley Napley trace its ‘seismic impact’
Operational resilience is no longer optional. Writing in NLJ this week, Emma Radmore and Michael Lewis of Womble Bond Dickinson explain how UK regulators expect firms to identify ‘important business services’ that could cause ‘intolerable levels of harm’ if disrupted
As the drip-feed of Epstein disclosures fuels ‘collateral damage’, the rush to cry misconduct in public office may be premature. Writing in NLJ this week, David Locke of Hill Dickinson warns that the offence is no catch-all for political embarrassment. It demands a ‘grave departure’ from proper standards, an ‘abuse of the public’s trust’ and conduct ‘sufficiently serious to warrant criminal punishment’
Employment law is shifting at the margins. In his latest Employment Law Brief for NLJ this week, Ian Smith of Norwich Law School examines a Court of Appeal ruling confirming that volunteers are not a special legal species and may qualify as ‘workers’
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