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11 January 2015 / Leigh Callaway
Issue: 7636 / Categories: Features , Profession , Litigation trends
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A brave(r) new world?

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Leigh Callaway forecasts what 2015 has in store for litigators

By the start of 2014, litigation in England & Wales had undergone a fundamental and wide-ranging transformation. Eighteen months on, the reforms implemented following Lord Justice Jackson’s Review of Civil Litigation Costs have to a large extent “bedded in”. Arguably, we now have a better grasp of both the opportunities and challenges that face the profession and our clients.

Efficiency & co-operation

The objectives of Jackson LJ’s review are to be lauded, and following the “bump” in the road in the form of the Mitchell decision (Mitchell v News Group Newspapers [2013] EWCA Civ 1537, [2014] 2 All ER 430), the subsequent judgments in Denton, Decadent and Utilise [2014] EWCA Civ 906, [2014] All ER (D) 53 (Jul), have clarified the court’s approach to relief from sanctions and the test to be applied when faced with breaches of court orders or the CPR. In short, the message to litigators is that the court will expect parties to (1) agree reasonable

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MOVERS & SHAKERS

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NEWS
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NLJ this week: Mazur and more—inside the litigation frontline

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

NLJ this week: Social media bans for children spark legal dilemmas
Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
NLJ this week: Leasehold reform risks creating ‘forgotten freeholders’
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
NLJ this week: Court of Appeal clarifies when a claim truly begins
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
NLJ this week: Split FDRs could ease pressure—and boost settlements
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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