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22 April 2010 / Seamus Smyth
Issue: 7414 / Categories: Features , Profession
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Hard to predict

Seamus Smyth outlines the difficulty of envisaging future trends in litigation

We’ve already seen an increasing obligation to “price” work in advance; the agglomeration of practices into bigger law firms on cost grounds with the inevitable concentration in larger centres; and—courtesy of instant communications—because we can respond immediately, a growing belief that we must respond immediately, with all the dangers inherent in doing so.
The fundamental issues, though, revolve around the cost of litigation and access to justice. Costs appear to be increasing rapidly in absolute terms and in relation to amounts at stake. Consequently, access to justice is being reduced: where the costs and risk of adverse costs deter litigants from properly making or defending claims they are being failed by the state.

The state provides a dispute resolution system. Our system works well—cost aside —producing good results generally and is respected worldwide. For disputes with large amounts at stake costs are less of a problem but for most cases, where value ranges from small claims to those worth tens (even low hundreds) of thousands

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
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