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21 January 2021
Issue: 7917 / Categories: Legal News , Profession , Covid-19 , Brexit
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NLJ this week: Litigation lawyers look to future

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Mental health, diversity and inclusion should be top priorities and more can be done to further efforts, according to a survey of litigation lawyers

The research, conducted by the London Solicitors Litigation Association (LSLA) and NLJ, found 95% in favour of action to promote mental health, such as less emphasis on billable hours and respecting holidays and weekends. Some 89% of the 148 respondents believe agile working should be available post-Covid, while flexible working and wellbeing support for lawyers were seen as important.

Asked whether their firm’s approach to diversity and inclusion has improved in the past 12 months, 86% said it has. Unsurprisingly, 93% think more needs to be done within the profession―specific areas highlighted by respondents were tackling racism and racial discrimination, promoting and supporting social  mobility, ensuring diversity in senior management, focusing on creating an inclusive workplace culture and eliminating bias in recruitment, evaluation and promotion.

LSLA president Chris Bushell, partner at Herbert Smith Freehills, said: ‘Although there has been a willingness to discuss mental health in the legal profession and across society as a whole in the last few years and embrace agile working, 2020 saw a real step change.

‘It is a similar story when we look at diversity and inclusion. Real progress is being made (which is fantastic), but there is still a long way to go and we cannot rest on our laurels.’

Also in the survey, three-quarters of respondents say the litigation market is growing (compared to only 44% last year), 82% predict a rise in litigation due to cross-border issues post-Brexit, and 89% expect a spike in the aftermath of the COVID-19 pandemic. Some 89% of lawyers responding also believe courts of the future should make greater use of virtual hearings.

MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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