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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 final article will focus on trial practicalities, funding and costs.

The

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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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