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Adam Grant reflects on a long wait for clarity & the brave new world of refined proportionality assessments

Post-JLE, parties wishing to escape Part 36 consequences should once again find this an exceptionally daunting task, says Joel Douglas

Henrietta Mason & Chris Williams report on two intriguing recent cases involving undue influence & excessive costs

A low-key change to procedure means courts are more likely to make a costs order against a party who litigates unreasonably, write Rebecca Dziobon & Gemma Reading

The Court of Appeal has laid down guidance for courts on ensuring consistency of costs, in an important judgment.
Practitioners should steer clear of making Pt 36 offers with costs conditions attached, warns Paul Bracewell
A recent case underscores that best practice is to only make receiving party Pt 36 offers on discrete & significant issues, says Francis Kendall

Mussell v Patience makes it clear that litigation costs principles differ from estate costs principles, as Chris Williams & Henrietta Mason explain

Lawyers shouldn’t fear judges―they’re ‘gentle’ and like ‘teddy bears’. Those are the words of Sir Rupert Jackson, architect of the civil justice costs reforms (who also confesses he sometimes saw judges as ‘ogres’ when starting out). 

Jofa  highlights a procedural problem in relation to the fair allocation of costs in the Court of Appeal, as Graeme Kirk explains

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MOVERS & SHAKERS

Winckworth Sherwood—Tim Foley

Winckworth Sherwood—Tim Foley

Property litigation practice strengthened by partner hire

Kingsley Napley—Romilly Holland

Kingsley Napley—Romilly Holland

International arbitration team specialist joins the team

Red Lion Chambers—Maurice MacSweeney

Red Lion Chambers—Maurice MacSweeney

Set creates new client and business development role amid growth

NEWS
The rank of King’s Counsel (KC) has been awarded to 96 barristers, and no solicitors, in the latest silk round
Neurotechnology is poised to transform contract law—and unsettle it. Writing in NLJ this week, Harry Lambert, barrister at Outer Temple Chambers and founder of the Centre for Neurotechnology & Law, and Dr Michelle Sharpe, barrister at the Victorian Bar, explore how brain–computer interfaces could both prove and undermine consent
Comparators remain the fault line of discrimination law. In this week's NLJ, Anjali Malik, partner at Bellevue Law, and Mukhtiar Singh, barrister at Doughty Street Chambers, review a bumper year of appellate guidance clarifying how tribunals should approach ‘actual’ and ‘evidential’ comparators. A new six-stage framework stresses a simple starting point: identify the treatment first
In cross-border divorces, domicile can decide everything. In NLJ this week, Jennifer Headon, legal director and head of international family, Isobel Inkley, solicitor, and Fiona Collins, trainee solicitor, all at Birketts LLP, unpack a Court of Appeal ruling that re-centres nuance in jurisdiction disputes. The court held that once a domicile of choice is established, the burden lies on the party asserting its loss
Can a chief constable be held responsible for disobedient officers? Writing in NLJ this week, Neil Parpworth, professor of public law at De Montfort University, examines a Court of Appeal ruling that answers firmly: yes
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