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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

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Firm expands London disputes practice with senior partner hire

Druces—Lisa Cardy

Druces—Lisa Cardy

Senior associate promotion strengthens real estate offering

Charles Russell Speechlys—Robert Lundie Smith

Charles Russell Speechlys—Robert Lundie Smith

Leading patent litigator joins intellectual property team

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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