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A brave(r) new world?

11 January 2015 / Leigh Callaway
Issue: 7636 / Categories: Features , Profession , Litigation trends
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Leigh Callaway forecasts what 2015 has in store for litigators

By the start of 2014, litigation in England & Wales had undergone a fundamental and wide-ranging transformation. Eighteen months on, the reforms implemented following Lord Justice Jackson’s Review of Civil Litigation Costs have to a large extent “bedded in”. Arguably, we now have a better grasp of both the opportunities and challenges that face the profession and our clients.

Efficiency & co-operation

The objectives of Jackson LJ’s review are to be lauded, and following the “bump” in the road in the form of the Mitchell decision (Mitchell v News Group Newspapers [2013] EWCA Civ 1537, [2014] 2 All ER 430), the subsequent judgments in Denton, Decadent and Utilise [2014] EWCA Civ 906, [2014] All ER (D) 53 (Jul), have clarified the court’s approach to relief from sanctions and the test to be applied when faced with breaches of court orders or the CPR. In short, the message to litigators is that the court will expect parties to (1) agree reasonable

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Freeths—Ruth Clare

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National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

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Partner appointed head of family team

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Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
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 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
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
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