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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

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
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