Since the 2008 ‘Great Recession’ (there are those who believe it has not yet ended), the UK has seen corporate litigants flock to the courts in a range of disputes. There have been consumer-related disputes with financial institutions. There have been disputes between directors and shareholders in a number of high-profile cases. There have been disputes between different corporations (breach of contract, intellectual property and so on) and there have been disputes between businesses and regulators.

Intertwined across this plethora of legal cases, the threat of fraud, money laundering and regulatory non-compliance menaces are the commercial decisions made by boards and senior management. It is well-known in the legal profession that the rules governing dispute resolution have undergone considerable change following the reforms of Lord Justice Rupert Jackson and the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO).

In short, the legal landscape of 2016 is radically different from that of 2012/13. The review of court fees, although strenuously challenged by the legal professions, saw a huge increase in court fees – with more to follow in April 2016.

Apr-Jun 2016 issue

Chartered Institute of Legal Executives