header-logo header-logo

29 November 2013 / Richard Langley
Issue: 7586 / Categories: Features , Profession
printer mail-detail

No rest for the wicked

web_langley

Reviews spell more change for litigators, says Richard Langley

“But the wicked are like the troubled sea, when it cannot rest, whose waters cast up mire and dirt. There is no peace, saith my God, to the wicked” ( Isaiah 57:20-21 ).

Litigators in England must be deeply sinful given the constant change being imposed on them. While the waters are still churned up by the Jackson reforms, two major consultations are taking place concerning the procedures in specialist areas of the High Court. There are lessons to be learned from the contrasting way these consultations are proceeding.

Chancery Modernisation Review

The first is the Chancery Modernisation Review (CMR). This is being conducted by Lord Justice Briggs (with the assistance of Mr Justice Newey). In July 2013 he published a provisional report running to 162 pages. The level of detail is impressive and the analysis of the Chancery Division as it is now, and the objectives for modernisation, is thoughtful and balanced. It is a valuable piece of work for

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Maryam Syed KC, Church Court Chambers

NLJ Career Profile: Maryam Syed KC, Church Court Chambers

From childhood dreams of the Bar to some of the country's most challenging cases, Maryam Syed KC explains why she has never stopped standing up for others

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

DAC Beachcroft significantly expands Cyber team, hiring three Cyber partners

Browne Jacobson—Professor Clive Kay

Browne Jacobson—Professor Clive Kay

Browne Jacobson appoints senior healthcare leader Professor Clive Kay as strategic adviser

NEWS
As family justice moves further away from the courtroom, collaborative law is emerging as an increasingly important route to resolving separation disputes
A busy period for employment law is producing important lessons for employers, employees and tribunals alike
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
back-to-top-scroll