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The evolution of litigation

08 December 2017
Issue: 7773 / Categories: Features , Technology , CPR
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If today’s litigators refuse to embrace change, they might find their own futures very uncertain, says Jonathan Lafferty

The strength of the English legal system is its adaptability to changes in society; as Lord Hope noted in Chartbrook Ltd v Persimmon Homes Ltd , ‘one of the strengths of the common law is that it can take a fresh look at itself so that it can keep pace with changing circumstances.’ But with so much unprecedented uncertainty in the justice system and broader society, how can litigation in England & Wales adapt to meet that uncertainty successfully? This article seeks to predict what factors will affect litigation in the next five years and what that will that mean for lawyers, judges and litigants themselves.

All quiet on Aldwych

An instructive start in determining how litigation will look in five years is to consider how litigation looked five years ago. Since then, the Civil Procedure Rules (CPR) have gone through several dozen updates. One of the biggest changes since 2012 was the Jackson

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MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

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)
Peter Kandler’s honorary KC marks long-overdue recognition of a man who helped prise open a closed legal world. In NLJ this week, Roger Smith, columnist and former director of JUSTICE, traces how Kandler founded the UK’s first law centre in 1970, challenging a profession that was largely seen as 'fixers for the rich and apologists for criminals'
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
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