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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

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Firm expands London disputes practice with senior partner hire

Druces—Lisa Cardy

Druces—Lisa Cardy

Senior associate promotion strengthens real estate offering

Charles Russell Speechlys—Robert Lundie Smith

Charles Russell Speechlys—Robert Lundie Smith

Leading patent litigator joins intellectual property team

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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