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08 December 2017
Issue: 7773 / Categories: Features , Technology , CPR
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The evolution of litigation

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If today’s litigators refuse to embrace change, they might find their own futures very uncertain, says Jonathan Lafferty

The strength of the English legal system is its adaptability to changes in society; as Lord Hope noted in Chartbrook Ltd v Persimmon Homes Ltd , ‘one of the strengths of the common law is that it can take a fresh look at itself so that it can keep pace with changing circumstances.’ But with so much unprecedented uncertainty in the justice system and broader society, how can litigation in England & Wales adapt to meet that uncertainty successfully? This article seeks to predict what factors will affect litigation in the next five years and what that will that mean for lawyers, judges and litigants themselves.

All quiet on Aldwych

An instructive start in determining how litigation will look in five years is to consider how litigation looked five years ago. Since then, the Civil Procedure Rules (CPR) have gone through several dozen updates. One of the biggest changes since 2012 was the Jackson

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MOVERS & SHAKERS

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Firm awards training contracts to paralegals through internal programme

Ward Hadaway—Matthew Morton

Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

Thomson Hayton Winkley—Nina Hood

Thomson Hayton Winkley—Nina Hood

Cumbria firm appoints new head of residential property

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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