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19 June 2008 / David Greene
Issue: 7326 / Categories: Features , Legal services , Procedure & practice , Profession
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A matter of perception

David Greene sets the record straight about the state of litigation in the capital

A recent headline-grabbing report entitled Directors in the DockIs Business Facing a Liability Crisis? prepared by Lloyds of London, builds itself around the model that the development of a compensation culture in the UK is generating a perception of an increased litigation risk with the result that corporate resources are diverted from the general commercial purpose of the company to the litigation process both avoiding it and participating in it. But is it right that litigation is on the rise because of a change in our attitudes? “Perception is reality” but is the perception that is said to be reflected in this report simply misconception?

The report is produced as part of the Lloyd's 360 risk project which is intended to promote good practice in risk management in companies. It results from a polling of businesses and business people together with “in depth” interviews carried out by the Economic Intelligence Unit. Its point of reference,

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MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

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
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
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’ 
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