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22 April 2010 / Seamus Smyth
Issue: 7414 / Categories: Features , Profession
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Hard to predict

Seamus Smyth outlines the difficulty of envisaging future trends in litigation

We’ve already seen an increasing obligation to “price” work in advance; the agglomeration of practices into bigger law firms on cost grounds with the inevitable concentration in larger centres; and—courtesy of instant communications—because we can respond immediately, a growing belief that we must respond immediately, with all the dangers inherent in doing so.
The fundamental issues, though, revolve around the cost of litigation and access to justice. Costs appear to be increasing rapidly in absolute terms and in relation to amounts at stake. Consequently, access to justice is being reduced: where the costs and risk of adverse costs deter litigants from properly making or defending claims they are being failed by the state.

The state provides a dispute resolution system. Our system works well—cost aside —producing good results generally and is respected worldwide. For disputes with large amounts at stake costs are less of a problem but for most cases, where value ranges from small claims to those worth tens (even low hundreds) of thousands the system is seen by many as prohibitively expensive. Successful

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

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

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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