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Complex matters

09 April 2009 / Matthew Lawson
Issue: 7364 / Categories: Opinion , Public , Legal services , Costs
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Has Woolf failed big-ticket litigation? Matthew Lawson

It may seem an odd proposition that the Woolf reforms, with their legitimate aims of improving access to justice and reducing the cost of civil litigation, have, 10 years on, failed a constituency many would argue least worthy of assistance in the first place.

Commercially powerful litigants with perceived deep pockets are often portrayed as the manipulators of the civil justice system, clogging up the courts with bullying claims or pressuring opponents with lesser resources into derisory settlements. But large commercial enterprises (in which I include insurers and large professional services organisations, as well as major corporates, banks and other financial institutions) need an effective and cost efficient civil justice system as much as anyone, to provide certainty by the adjudication of legitimate commercial disputes.

Lord Woolf may not have had them at the forefront of his mind when he wrote his reforms but in many ways, this constituency stood to benefit most from their implementation. The

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MOVERS & SHAKERS

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Firm expands London disputes practice with senior partner hire

Druces—Lisa Cardy

Druces—Lisa Cardy

Senior associate promotion strengthens real estate offering

Charles Russell Speechlys—Robert Lundie Smith

Charles Russell Speechlys—Robert Lundie Smith

Leading patent litigator joins intellectual property team

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Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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