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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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MOVERS & SHAKERS

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
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