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24 September 2021
Issue: 7949 / Categories: Case law , In Court , Law digest
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Law digests: 24 September 2021

Costs

Harford v Music Store Professional UK/DV247 Ltd [2021] Lexis Citation 151

It was well established that where the Protocol for Low Value Personal Injury Claims (Employers Liability and Public Liability Claim (the EL/PL Protocol) should have been used, and its non-use was unreasonable, the provisions of CPR 44.4 requiring a judge to assess costs having regard to the conduct of the parties, provided ample scope for the judge assessing costs to allow only the fixed costs set out in the EL/PL Protocol. The SCCO so held in proceedings concerning a claim for damages brought by the claimant employee against the defendant employer following an accident at work. Accordingly, in accordance with the provisions of CPR 44.11, the court had the discretion to disallow all or part of the costs of the claim, and applied the fixed costs set out in CPR 45.18 Table 6A.


Family proceedings

Bournemouth, Christchurch and Poole Council v A mother and others [2021] Lexis Citation 153

The applicant local authority successfully applied to amend its threshold

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MOVERS & SHAKERS

Laytons ETL—Maximilian Kraitt

Laytons ETL—Maximilian Kraitt

Commercial firm strengthens real estate disputes team with associate hire

Switalskis—three appointments

Switalskis—three appointments

Firm appoints three directors to board

Browne Jacobson—seven promotions

Browne Jacobson—seven promotions

Six promoted to partner and one to legal director across UK and Ireland offices

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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