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26 November 2009 / Kirill Vahoni , Antony Corsi
Issue: 7395 / Categories: Features , Commercial
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Litigation trends: 2010

Companies are bracing themselves for greater exposure to both litigation & regulatory proceedings say Antony Corsi & Kirill Vahoni

The sixth annual Fulbright & Jaworski LLP Litigation Trends Survey, which canvassed the views of over 400 corporate counsel including over 125 from the UK, indicates that UK businesses are bracing themselves for an increase in litigation and regulatory enforcement activity over the next 12 months.

The expected impact of the economic crisis

Continuing a clear upward trend, 40% of respondents anticipate an increase in legal disputes in the year to come. Significantly, it is the second successive annual leap in the proportion of respondents expecting to face greater litigation in the coming year. In 2008, 31% of respondents expected an increase in disputes, whereas in 2007 the figure was 22%.

Large businesses appear particularly concerned. More than half of companies valued in excess of US$1bn forecast an increase in legal disputes over the next year. Only a small percentage of those larger companies expect to see fewer disputes.

When the data is

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MOVERS & SHAKERS

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Firm awards training contracts to paralegals through internal programme

Ward Hadaway—Matthew Morton

Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

Thomson Hayton Winkley—Nina Hood

Thomson Hayton Winkley—Nina Hood

Cumbria firm appoints new head of residential property

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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