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16 September 2010 / Jovita Vassallo
Issue: 7433 / Categories: Features , Procedure & practice
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The new litigation landscape

The judiciary is increasingly taking a pragmatic approach to case management and using its discretion—enshrined in the Civil Procedure Rules—to the widest degree, with radical consequences.

The judiciary is increasingly taking a pragmatic approach to case management and using its discretion—enshrined in the Civil Procedure Rules—to the widest degree, with radical consequences.

It seems that committees are regularly being set up to reform litigation practice and procedure, the latest being the under-secretary of state for justice’s announcement, on 26 July 2010, that there will be a consultation this autumn on Lord Justice Jackson’s proposals for the reform of litigation funding arrangements. Practitioners have no choice but to take advantage of the new order, or be left behind.

This article focuses on electronic or “e-”working and how the fast pace of reform of litigation practice and the persistent judicial drive to reduce costs is impacting on preparation for trial. The second article will focus on preparing and serving evidence, tactical steps and how digitalised documents can be recycled for use in witness statements. The

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NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
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