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Future Facing Disputes

Future Facing Disputes -  An introduction to a broad range of future dispute risk issues which are beginning to concern our clients and will become more prominent going forward.

If there are issues that you would like us to consider as the subject of future insight papers in this series, please contact Ben Trust, Partner

You can download the future facing dispute insight papers and see videos below.

Future Facing Disputes insight papers and briefings


ESG Risk and Shareholder Activism 

Will ESG related concerns result in courts adopting a more purposive approach to corporate liability?

Enforcing the Ethical Charter

Emergence of Climate Change Litigation insight paper

Green technology - the key to climate change mitigation in the corporate world?

The New World

The Future Risks of the Remote Workplace

The future of judicial review after Brexit

Shareholder Activism and Directors Risk

Litigation Funding The New Normal

Disputes and Smart Contracts: traditional solutions to modern problems?


Technology licensing after Unwired Planet – Jurisdictional overreach by the UK Supreme Court or the future of global licensing disputes?

Using Blockchain to open up new opportunities

Why businesses need to get digital accessibility right

The impact of technology in construction


Is there a future for Robo-Directors?

UK reforms to fuel claims involving self-driving cars insight paper


Future Facing Disputes – In the Press

Remote hearings: The new normal? - SCL

New Frontiers Technology and dispute-resolution - City A.M.

Autonomous Vehicles, Software and Product Liability: Have the Law Commissions Missed an Opportunity? - University of Oxford

Tech Law Disputes Predictions for 2021 from CMS

Beating the Bots: What are the options for retailers?

Is climate change the ultimate hot potato for parent companies?


Taking the long view Even in challenging times, real estate investors continue to have a strong degree of confidence in the future of the sector.
Sustainable offices and EPC requirements
Investors may be moving towards the view that making offices sustainable does not necessarily equate to higher costs for occupiers.
The majority of UK real estate professionals continue to believe that London is overvalued. As our chart shows, this is very much business as usual. Over the past eight years, only 2021 - when investors began to wonder what a post-covid market might look like - has challenged the status quo. Even then, what we saw was only a significant narrowing of the gap, not a reversal.In this year’s polling, 62% of our respondents feel London is overvalued, as opposed to 6% who believe it is undervalued. These are the most bearish numbers we have seen since pre‑Brexit days.
The view from the UK
Every year we ask a cross-section of leading UK real estate professionals for their views on the market. This year we polled 270 experts, including 62 investors and 54 developers. In many ways they share the outlook of the global investors we surveyed, with long-term confidence tempered by short-term con­cerns.Over­all, 38% reported feeling optimistic about the market, while 34% describe themselves as neutral and 28% are pess­im­ist­ic.Al­though positive, this take on the market is unsurprisingly more cautious than the one we found 12 months ago, with sentiment falling back to levels last seen at the beginning of the pandemic as the more bullish outlook of the past two years recedes.
Global cities
As our chart shows, the genuinely ‘global’ cities remain the most appealing (albeit by slim margins), with the top four slots going to London, Paris, Tokyo and New York.
The big picture
Despite a difficult year and an uncertain outlook, we found strong underlying positives among investors globally.
Survey methodology
Investors (online polling between 28 April and 3 May 2023) n=1,002 global institutional in­vestors. Res­ults were weighted by region to ensure comparability with previous res­ults.In­dustry (on­line polling between 21 April and 10 May 2023) n=270 professionals in the UK real estate in­dustry. Res­ults were weighted by role to ensure comparability with previous results.
Asset classes
Given the strong demand/supply imbalance, it is no surprise to see ‘living’ asset classes take the top spots when professionals are asked which sectors they favour.
There is general agreement that, in the short term, financing is getting harder – with 70% of UK real estate professionals believing it will become more difficult to access debt over the next 12 months.
Many in the real estate industry are keen to embrace technological innovations, including the latest green technologies.
Future Planning?
One thing nearly all our UK respondents agree on is that the planning system is not working and needs investment. A massive 90% say the system is slowing down real estate development, while 93% reckon it is under-resourced.