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2020 vision: Litigating in 2022

11 March 2022 / Michael Frisby
Issue: 7970 / Categories: Opinion , Covid-19 , Profession
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As we dare to hope that lockdown is now behind us, what has changed since the pandemic & how will it impact the practice of commercial litigation in the post-pandemic environment? Michael Frisby reports

As we entered 2020, the big issue facing the country was Brexit. Parliamentary deadlock had been broken with the election of the Johnson government in December 2020, and all eyes were on the negotiations; the risks of a ‘hard Brexit’ were high on the agenda for businesses and lawyers alike, with concerns that London’s place as a world-leading dispute resolution centre might be at risk. Then the pandemic hit, and in March 2020 the first lockdown took effect.

Pandemic problems

The impact was immediate. On the procedural side, the court and arbitral institutions responded to ensure that business continued, and lawyers adapted and learned to deal with virtual hearings and virtual mediations in no time at all. Electronic bundles became de rigeur and, by necessity, greener modes of doing business were embraced by litigators, the courts

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Freeths—Ruth Clare

Freeths—Ruth Clare

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mfg Solicitors—Neil Harrison

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NEWS
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The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The dangers of uncritical artificial intelligence (AI) use in legal practice are no longer hypothetical. In this week's NLJ, Dr Charanjit Singh of Holborn Chambers examines cases where lawyers relied on ‘hallucinated’ citations — entirely fictitious authorities generated by AI tools
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
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