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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

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
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.

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