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21 January 2016 / David Greene
Issue: 7683 / Categories: Opinion
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A state of flux

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Briggs: the permanent revolution continuum. David Greene reports from the barricades

The Briggs interim report harkens yet more change in the permanent revolution that is civil justice (Civil Courts Structure Review: Interim Report, Lord Justice Briggs). In his address of the Central Committee to the Communist League Marx talked of permanent revolution predicting the bourgeois Menshevik and proletarian Bolshevik revolutions in 1917. If we might cast Lord Woolf as the Menshevik; Jackson LJ as the Bolshevik, perhaps we might see Briggs LJ as the Leninist. Unfortunately the analogy will lead to identifying the Stalinist to come. Briggs does, however, continue the permanent revolution in civil justice that has now been prevalent for 20 years.

As modern litigators we welcome constructive change and Briggs brings more to the table, talking of bringing the IT “revolution” to the court. It is notable that he was assisted by the aptly named “Hard Working Group” but unlike Woolf and Jackson the inner consultancy group does not include any practitioners. Further the work was undertaken at some speed in parallel with the government’s spending review. It foresees cuts in

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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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