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09 June 2016
Issue: 7702 / Categories: Legal News
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Waiting for Briggs

Lord Justice Briggs’s plans for a paperless revolution, due to be published in final form next month, are “something utterly new”, says litigator David Greene.

The headline feature of Briggs LJ’s civil courts structure review so far is his proposal for an online court. Reporting from Briggs LJ’s presentation at the recent Westminster Legal Forum, Greene, NLJ consultant editor and senior partner at Edwin Coe, says: “[Briggs LJ] expressed his understanding that IT projects in the courts do not have a great pedigree of success but he proffers that the available budget is large and reflects the earnestness of the government to make this work.

“The concept of newness also extends to the procedural structure of the court which will have its own new procedural rules built around a three-stage process including a conciliation stage overseen by court officers.” Greene reports that Briggs LJ has changed position on recoverable costs and will now recommend that they be allowed to some degree.

However, an online court is unsuitable for intellectual property cases, Jane Foulser McFarlane, of 30 Park Place Chambers Cardiff, also writes in this week’s NLJ.

She argues that the Briggs review is unlikely to bring down the “prohibitive” cost of litigating intellectual property disputes. It can cost up to £750,000 to challenge a patent in a simple case. A £2,000 claim for copyright infringement can cost £20,000–£30,000.

“As the interim proposal stands, it is aimed at do it yourself litigation without good legal advice or representation” whereas IP law is complex and requires specialist legal support.”

Issue: 7702 / Categories: Legal News
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MOVERS & SHAKERS

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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