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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

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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