header-logo header-logo

13 December 2012
Issue: 7542 / Categories: Legal News
printer mail-detail

Ontrack with legal highs & lows

The Jackson effect, BYOD & dawn raids dominate legal trends

The risks of employees using their own smartphone for work, the Jackson “Big Bang” reforms, and a tough regulatory climate are some of the key trends of 2012 highlighted by this year’s Kroll Ontrack review.

The costs of civil litigation were in the spotlight this year, with senior judges voicing concerns about the high costs involved in bringing an action, the Jackson reforms, and the case of Sylvia Henry v News Group Newspapers Ltd [2012] EWHC 90218 (Costs), which found that lawyers are vulnerable if they don’t have a reliable method of monitoring adherence to budgets.

Concerns over how to protect company data where employees use their iPads, iPhones, smartphones and tablets (the “bring your own device” (BYOD) phenomenon) have been a big issue for companies this year, according to the review, which identifies the key legal trends of the year. A BYOD strategy is seen as essential for next year to protect corporate data, comply with data-protection laws and preserve electronic information in case of regulatory investigation.

“Dawn raid” training is becoming increasingly popular as companies find that regulatory investigations hit them out of the blue. The review also points out that regulatory changes in data-protection and competition law this year mean companies should continue to take a proactive approach to risk avoidance and compliance.

Martin Carey, managing director of legal technologies at Kroll Ontrack, says: “Court-led changes are underway which will have a significant effect on litigation in the UK, and legislative and structural changes will impact on regulatory enforcement activity across Europe. At the same time, new consumer-led technology is re-shaping the way in which business is conducted and all companies need to respond strategically.”

Issue: 7542 / Categories: Legal News
printer mail-details

MOVERS & SHAKERS

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of litigation and dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts

An engagement ring may symbolise romance, but the courts remain decidedly practical about who keeps it after a split, writes Mark Pawlowski, barrister and professor emeritus of property law at the University of Greenwich, in this week's NLJ

Medical reporting organisation fees have become ‘the final battleground’ in modern costs litigation, says Kris Kilsby, costs lawyer at Peak Costs and council member of the Association of Costs Lawyers, in this week's NLJ
back-to-top-scroll