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29 November 2013 / Richard Langley
Issue: 7586 / Categories: Features , Profession
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No rest for the wicked

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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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From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

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Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
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Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
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Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
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The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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