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A matter of perception

19 June 2008 / David Greene
Issue: 7326 / Categories: Features , Legal services , Procedure & practice , Profession
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David Greene sets the record straight about the state of litigation in the capital

A recent headline-grabbing report entitled Directors in the DockIs Business Facing a Liability Crisis? prepared by Lloyds of London, builds itself around the model that the development of a compensation culture in the UK is generating a perception of an increased litigation risk with the result that corporate resources are diverted from the general commercial purpose of the company to the litigation process both avoiding it and participating in it. But is it right that litigation is on the rise because of a change in our attitudes? “Perception is reality” but is the perception that is said to be reflected in this report simply misconception?

The report is produced as part of the Lloyd's 360 risk project which is intended to promote good practice in risk management in companies. It results from a polling of businesses and business people together with “in depth” interviews carried out by the Economic Intelligence Unit. Its point of reference, and indeed emphasis, is that it is not just

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