header-logo header-logo

11 January 2015 / Leigh Callaway
Issue: 7636 / Categories: Features , Profession , Litigation trends
printer mail-detail

A brave(r) new world?

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Freeths—Heather Gibson

Freeths—Heather Gibson

Freeths strengthens national tax team with Heather Gibson appointment

Debevoise & Plimpton—Mary Lavelle

Debevoise & Plimpton—Mary Lavelle

Debevoise expands London secondaries team with addition of Mary Lavelle

Excello Law—Hestia Private Client

Excello Law—Hestia Private Client

Excello Law welcomes ex-Irwin Mitchell team to launch Hestia Private Client

NEWS
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
A client cannot use a costs assessment to investigate whether their solicitor received commission on an after-the-event (ATE) insurance premium, the Court of Appeal has held
Law firms cannot be compelled to disclose documents protected by unwaived legal professional privilege (LPP) during misconduct investigations, the High Court has clarified
Solicitors have urged regulators not to impose unnecessary cost and complexity on third-party litigation funding
International demand for UK legal services is surging, with exports at record levels, according to Law Society research
back-to-top-scroll