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No rest for the wicked

29 November 2013 / Richard Langley
Issue: 7586 / Categories: Features , Profession
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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

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NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
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