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16 September 2010 / Jovita Vassallo
Issue: 7433 / Categories: Features , Procedure & practice
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The new litigation landscape

The judiciary is increasingly taking a pragmatic approach to case management and using its discretion—enshrined in the Civil Procedure Rules—to the widest degree, with radical consequences.

The judiciary is increasingly taking a pragmatic approach to case management and using its discretion—enshrined in the Civil Procedure Rules—to the widest degree, with radical consequences.

It seems that committees are regularly being set up to reform litigation practice and procedure, the latest being the under-secretary of state for justice’s announcement, on 26 July 2010, that there will be a consultation this autumn on Lord Justice Jackson’s proposals for the reform of litigation funding arrangements. Practitioners have no choice but to take advantage of the new order, or be left behind.

This article focuses on electronic or “e-”working and how the fast pace of reform of litigation practice and the persistent judicial drive to reduce costs is impacting on preparation for trial. The second article will focus on preparing and serving evidence, tactical steps and how digitalised documents can be recycled for use in witness statements. The

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MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
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