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17 January 2019 / Dominic Regan
Issue: 7824 / Categories: Opinion , Procedure & practice
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Litigation leopards & a year of discontent

Dominic Regan shares his reflections on 2018—one hell of a year for civil litigators

 

2018 was one hell of a year for civil litigators. Indeed, a number of reported decisions have arisen because of ignorance about fundamentals where people really ought to know better.

The big procedural reform just kicking in is the disclosure pilot scheme being run out nationwide in the business and property courts. It is a bold attempt to curb expensive disclosure activity. Change was precipitated by clients who were appalled at the futility of it all. Confronted by a threat to take their disputes elsewhere for determination, perhaps by way of arbitration, steps were taken to placate the aggrieved. Ed Crosse, immediate past president of the London Solicitors Litigation Association, and many others have done so much to make things better. Let us all hope it works.

Troublesome

Service of proceedings has always been a troublesome matter, particularly where it is left until the last minute. The Supreme Court divided 3-2 in Barton v Wright Hassall [2018] UKSC 12, [2018] All ER (D) 109

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MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

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Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
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