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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

Gardner Leader—Charlotte Botham & Belinda Sinnott

Gardner Leader—Charlotte Botham & Belinda Sinnott

Law firm strengthens real estate team with two new partners

DR Solicitors—Sarah Cook

DR Solicitors—Sarah Cook

DR Solicitors strengthens primary care expertise with appointment of legal director

Womble Bond Dickinson—David Varney

Womble Bond Dickinson—David Varney

Womble Bond Dickinson appoints David Varney to strengthen digital practice

NEWS
The Court of Appeal's decision in Mazur v Charles Russell Speechlys LLP has lifted months of uncertainty for Chartered Legal Executives while prompting a rethink of regulation and supervision
The assisted dying debate returns to Westminster as Lauren Edwards MP reintroduces legislation that stalled in the House of Lords last session despite clearing the Commons
A little-noticed provision of the Crime and Policing Act 2026 has fundamentally expanded corporate criminal liability
Artificial intelligence is transforming legal practice, but careless reliance on it is creating growing professional risks
The law offers cohabiting couples surprisingly greater protection after one partner dies than when they separate during life
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