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13 November 2008
Issue: 7345 / Categories: Opinion , Profession
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A storm is brewing

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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

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MOVERS & SHAKERS

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Sponsored by
Weightmans—Elborne Mitchell & Myton Law

Weightmans—Elborne Mitchell & Myton Law

Firm expands in London and Leeds with dual merger

Boodle Hatfield—Clare Pooley & Michael Duffy

Boodle Hatfield—Clare Pooley & Michael Duffy

Private wealth and real estate firmpromotes two to partner and five to senior associate

Constantine Law—James Baker & Julie Goodway

Constantine Law—James Baker & Julie Goodway

Agile firm expands employment team with two partner hires

NEWS
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NLJ this week: Mazur and more—inside the litigation frontline

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

NLJ this week: Social media bans for children spark legal dilemmas
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
NLJ this week: Leasehold reform risks creating ‘forgotten freeholders’
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
NLJ this week: Court of Appeal clarifies when a claim truly begins
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
NLJ this week: Split FDRs could ease pressure—and boost settlements
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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