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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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Pillsbury—Peter O’Hare

Pillsbury—Peter O’Hare

Partner hire bolstersprivate capital and global aviation finance offering

Morae—Carla Mendy

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Digital and business solutions firm appoints chief operating officer

Twenty Essex—Clementine Makower & Stephen Du

Twenty Essex—Clementine Makower & Stephen Du

Set welcomes two experienced juniors as new tenants

NEWS
The High Court’s decision in Mazur v Charles Russell Speechlys has thrown the careers of experienced CILEX litigators into jeopardy, warns Fred Philpott of Gough Square Chambers in NLJ this week
Sir Brian Leveson’s claim that there is ‘no right to jury trial’ erects a constitutional straw man, argues Professor Graham Zellick KC in NLJ this week. He argues that Leveson dismantles a position almost no-one truly holds, and thereby obscures the deeper issue: the jury’s place within the UK’s constitutional tradition
Why have private prosecutions surged despite limited data? Niall Hearty of Rahman Ravelli explores their rise in this week's NLJ 
The public law team at Herbert Smith Freehills Kramer surveys significant recent human rights and judicial review rulings in this week's NLJ
In this week's NLJ, Mary Young of Kingsley Napley examines how debarring orders, while attractive to claimants seeking swift resolution, can complicate trials—most notably in fraud cases requiring ‘particularly cogent’ proof
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