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The new litigation landscape

16 September 2010 / Jovita Vassallo
Issue: 7433 / Categories: Features , Procedure & practice
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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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MOVERS & SHAKERS

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
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