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Litigation leopards & a year of discontent

17 January 2019 / Dominic Regan
Issue: 7824 / Categories: Opinion , Procedure & practice
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Dominic Regan shares his reflections on 2018—one hell of a year for civil litigators

 

2018 was one hell of a year for civil litigators. Indeed, a number of reported decisions have arisen because of ignorance about fundamentals where people really ought to know better.

The big procedural reform just kicking in is the disclosure pilot scheme being run out nationwide in the business and property courts. It is a bold attempt to curb expensive disclosure activity. Change was precipitated by clients who were appalled at the futility of it all. Confronted by a threat to take their disputes elsewhere for determination, perhaps by way of arbitration, steps were taken to placate the aggrieved. Ed Crosse, immediate past president of the London Solicitors Litigation Association, and many others have done so much to make things better. Let us all hope it works.

Troublesome

Service of proceedings has always been a troublesome matter, particularly where it is left until the last minute. The Supreme Court divided 3-2 in Barton v Wright

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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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