header-logo header-logo

13 December 2012
Issue: 7542 / Categories: Legal News
printer mail-detail

Ontrack with legal highs & lows

The Jackson effect, BYOD & dawn raids dominate legal trends

The risks of employees using their own smartphone for work, the Jackson “Big Bang” reforms, and a tough regulatory climate are some of the key trends of 2012 highlighted by this year’s Kroll Ontrack review.

The costs of civil litigation were in the spotlight this year, with senior judges voicing concerns about the high costs involved in bringing an action, the Jackson reforms, and the case of Sylvia Henry v News Group Newspapers Ltd [2012] EWHC 90218 (Costs), which found that lawyers are vulnerable if they don’t have a reliable method of monitoring adherence to budgets.

Concerns over how to protect company data where employees use their iPads, iPhones, smartphones and tablets (the “bring your own device” (BYOD) phenomenon) have been a big issue for companies this year, according to the review, which identifies the key legal trends of the year. A BYOD strategy is seen as essential for next year to protect corporate data, comply with data-protection laws and preserve electronic information in case of regulatory investigation.

“Dawn raid” training is becoming increasingly popular as companies find that regulatory investigations hit them out of the blue. The review also points out that regulatory changes in data-protection and competition law this year mean companies should continue to take a proactive approach to risk avoidance and compliance.

Martin Carey, managing director of legal technologies at Kroll Ontrack, says: “Court-led changes are underway which will have a significant effect on litigation in the UK, and legislative and structural changes will impact on regulatory enforcement activity across Europe. At the same time, new consumer-led technology is re-shaping the way in which business is conducted and all companies need to respond strategically.”

Issue: 7542 / Categories: Legal News
printer mail-details

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
back-to-top-scroll