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01 December 2011 / Chris Warren-smith , Lista M Cannon
Issue: 7492 / Categories: Features , Bribery , Regulatory , Profession
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Under scrutiny

Lista M Cannon & Chris Warren-Smith study the UK litigation landscape

The eighth annual Fulbright & Jaworski LLP Litigation Trends Survey, which surveyed the views of over 400 corporate counsel, indicates that while concerns about the impact of the economic climate are not as prominent as last year, UK businesses face increasing exposure to regulatory proceedings and expect that trend to continue.

Enhanced exposure to regulatory proceedings

More than a third (36%) of UK respondents faced at least one regulatory proceeding in the last year, an increase from 32% in 2010. At a global level, 40% of all respondents reported involvement in at least one regulatory proceeding over the last year, up from 37% in 2010. Nearly half (49%) of all listed companies faced at least one regulatory proceeding in the past 12 months.

Dealing with these matters is increasingly disruptive to businesses. One quarter of UK respondents to this year’s survey reported an increase in regulatory inquiries or investigations against their company, compared to 18% in 2010 and

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MOVERS & SHAKERS

Birketts—Nathan Evans

Birketts—Nathan Evans

Commercial and technology team in Cambridge strengthened by partner hire

Andrew & Andrew Solicitors—Shikha Datta

Andrew & Andrew Solicitors—Shikha Datta

Hampshire firm appoints head of new family department

Latham & Watkins—Sarah Lightdale

Latham & Watkins—Sarah Lightdale

Firm strengthens securities practice with partner return

NEWS

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

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
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
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
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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