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The Brexit of CPR

28 March 2017 / Richard Harrison
Issue: 7741 / Categories: Opinion , Procedure & practice , CPR
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Richard Harrison looks at the treatment of costs management in the Merrix case & finds some interesting parallels

Brexit, as well as meaning “Brexit”, means that the political establishment can talk about and do little else. We seem to have a single issue administration. It has devoted itself to implementing the “will of the people” even when that desire was expressed by a very small majority, apparently bamboozled by misrepresentations and manipulated by demagogues and self-interested media, into voting for a simple “yes” or “no”.

That binary solution is one which no sensible person would want to apply to a complex cultural and commercial tapestry built up over 40 years. It simply cannot be unravelled without immense effort and possibly immense damage.

By presenting the British people with such a misconceived, simple choice about which to express a “will”, the last Conservative government gave a poisonous legacy to the present one and it is one which Mrs May and her colleagues are struggling to implement rationally. Some believe it will cause immense damage

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MOVERS & SHAKERS

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
A construction defect claim in the Court of Appeal offers a sharp lesson in pleading discipline. In his latest 'Civil way' column for NLJ, Stephen Gold explains how a catastrophically drafted schedule of loss derailed otherwise viable claims. Across the areas explored in this week's column, the message is consistent: clarity, economy and proper pleading matter more than ever
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