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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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MOVERS & SHAKERS

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Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

NEWS
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NLJ this week: Policing the safeguards when appointing trust corporations
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
NLJ this week: What the court considers when assessing refusal of ADR
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
NLJ this week: Finding innovative ways to fund the justice gap
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
NLJ this week: Two’s company, but three’s a crowd in financial provision cases
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
Charities Appeals Supplement: March 2026
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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