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

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

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley strengthens family law team

Ward Hadaway—Barnaby Rosenthall

Ward Hadaway—Barnaby Rosenthall

Construction lawyer returns to Ward Hadaway in Teesside role

Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

NEWS
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
Can a meticulously maintained spreadsheet turn a couple’s informal financial arrangements into legally enforceable obligations? 
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