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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?

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

NLJ Career Profile: Maryam Syed KC, Church Court Chambers

NLJ Career Profile: Maryam Syed KC, Church Court Chambers

From childhood dreams of the Bar to some of the country's most challenging cases, Maryam Syed KC explains why she has never stopped standing up for others

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

DAC Beachcroft significantly expands Cyber team, hiring three Cyber partners

Browne Jacobson—Professor Clive Kay

Browne Jacobson—Professor Clive Kay

Browne Jacobson appoints senior healthcare leader Professor Clive Kay as strategic adviser

NEWS
As family justice moves further away from the courtroom, collaborative law is emerging as an increasingly important route to resolving separation disputes
A busy period for employment law is producing important lessons for employers, employees and tribunals alike
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.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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