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Claims forecast: Some clouds on the horizon

14 July 2015

Gaby Kaiser considers trends in professional negligence claims and what an exit from the EU and a move towards US-style group litigation could mean in the future

Following the post-financial crisis peak in negligence claims in 2009, our experience is that the number of claims has fallen considerably. However, we have seen an increase in the sums being claimed across the board, from straightforward matters to cross-border multi-party litigation. Further, there has been an increase in relatively complex claims which often require, for example, complicated expert evidence in relation to more specialised areas of law, including competition law and tax. This trend inevitably leads to increased litigation costs for both parties.

Cross-border litigation is also becoming much more common; that trend is perhaps unsurprising given that a number of the larger firms have moved into new markets in response to client demand. Claims can...

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