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11 November 2022 / Stephen Gold
Issue: 8002 / Categories: Features , Procedure & practice , Civil way
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Civil way: 11 November 2022

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Arise CFO; QOCS in a mix; covenant breach test; Phoenix director hit; landlord’s charge struck down.

STILL OF INTEREST

Have mercy on us. They’ve upped the Court Funds Office interest rates again (see ‘Civil way’, NLJ, 14 October 2022, p16). As from 25 October 2022, the special account rate is increased from 1.75% to 2.25% and the basic account rate from 1.313% to 1.688%. No doubt, more to come. May the calculator be with you.

NOT THE BELSNER & KARATYSZ NEWS

Calm down you costaholics. There is no earthly reason why Belsner andKaratysz should hog the limelight. We have got a qualified one-way costs shifting (QOCS) case of the decade. Alright, the year. The Court of Appeal has just decided in Achille v Lawn Tennis Association Services Ltd [2022] EWCA Civ 1407 on the meaning of ‘proceedings’ in CPR 44.51. There, the claimant had brought a mixed claim, but the personal injury element was struck out as lacking reasonable grounds, with an order for

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NEWS
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King sets out Starmer’s legislative agenda
The government will aim to pass legislation banning leasehold for new flats and capping ground rent, introducing non-compulsory digital ID and creating a ‘duty of candour’ for public servants (also known as the Hillsborough law) in the next Parliament
Decision on divorce & domicile

An Italian financier has lost his bid to block his Australian wife from filing divorce papers in England on the basis it was no longer her domicile of choice

Early disclosure has not met its goals, lawyers say
Reforms to the disclosure regime in the business and property courts have not achieved their objectives, lawyers have warned
Guarding courts from the hazards of AI
The Law Society has urged ministers to hold a public consultation on the use of artificial intelligence (AI) in the justice system as a whole
Reforms to inquest fees under consultation
Ministers have proposed bringing inquest work under a single fee scheme for legal help and advocacy legal aid work
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