Publications

In recent years, construction and engineering businesses have faced a whole storm of headwinds. CMS, in partnership with YouGov, asked in-house lawyers about the biggest challenges of managing disputes in this environment - and how those challenges can be met.   Sixty-second summaryThe evolving nature of construction risk will see changes to standard contracts and negotiation positions. It may also bring more disputes, particularly where those changes lag behind project realities. Fewer than half the businesses we surveyed reported that the in-house legal or contract management team is always consulted at the start of a project to identify areas of risk and to establish appropriate risk management strategies. Most in-house lawyers believe their businesses could improve the way in which risk is managed during projects - often in a number of important ways. Despite the potential benefits, only 17% of the in-house lawyers we surveyed are using AI in disputes or contract management. Some say they will never use it. Most in-house lawyers believe their businesses have a lot of scope to improve the way that project risks are managed. AI has the potential to be a game-changer in this area by optimising processes, planning, scheduling and other elements of case management and by revolutionising the way a business handles its portfolio of contracts. 

Over the last twelve months we’ve seen unprecedented strike action in what has been dubbed the UK’s second ‘winter of discontent’. The landscape of industrial relations in the UK is changing prompted...

Microaggressions in the workplace Most organisations today recognise the importance of equity, diversity and inclusion within their workplaces, in particular, how to build an inclusive culture.  However, organisations need to go beyond warm words to deliver on commitments in prac­tice. Mi­cro­ag­gres­sions are subtle acts of discrimination; unfortunately commonplace behaviours that many write off as too trivial to mention - the “little things” that just happen. Though “little” in name, these occurrences can become large by nature, and businesses must be aware of the deep and often devastating impact of ignoring them.

Protest on the streets, protest online, even litigation used as a vehicle for protest. Protestors targeting a business may be standing in a crowd, holding a placard or shouting slogans. But they may also be behind a computer screen or pursuing a claim against the business through the courts. They may even be working inside the business, preparing to compromise its systems or leak confidential information. Whether they are activists, employees or customers, all these protestors may present a substantial challenge and a real threat to businesses, in areas including its security, reputation and bottom line. 

Privilege is an important, and complex, issue that arises in contexts ranging from investigations and expert reports, to multi-party litigation and settlement negotiations, as well as day-to-day com­mu­nic­a­tions...

Welcome to our Spring edition of Disputes Digest. In this edition, we look back at 2016 and summarise the key litigation and arbitration cases of 2016 for corporate counsel to be aware of. We also...

Welcome to the fourth edition of Disputes Digest, featuring commentary and analysis on the latest developments in dispute resolution across the UK and beyond. Over the summer, the debate over the legal...

This edition contains updates and commentary on a range of issues, including articles on the High Court’s ‘Financial List’ which is now up and running, current trends in pensions litigation, key...