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A storm is brewing

13 November 2008
Issue: 7345 / Categories: Opinion , Profession
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UK plc is bracing itself for a rash of legal disputes, say Chris Warren- Smith & Ian Pegram

While predictions abound about the impact of recent economic turbulence, Fulbright & Jaworski LLP’s fifth annual Litigation Trends Survey confirms that businesses expect their litigation exposure to rise over the next year.

The survey, which canvassed the views of over 300 senior corporate counsel, including 100 from the UK, revealed that nearly one in three businesses anticipate an increase in the number of legal disputes (including 43% of large businesses). Only one in 12 expect a decrease.

Litigation
Inevitably, businesses in the financial services sector are feeling most vulnerable in expecting increased litigation. However all sectors seem apprehensive. Significant numbers in the healthcare, retail/wholesale and insurance industries share those fears. While the expected wave of sub-prime cases has yet to materialise in the UK, this may be explained by financial institutions preferring behind-the-scenes negotiation to avoid reputational fallout.

Two-thirds of UK respondents expect greater numbers of disputes arising out of contractual agreements. Businesses will be well-served to monitor

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MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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