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Civil way: 12 December 2025

Costs and AI behaviour; ‘A landlord nor a bailiff be’?

AND YOU SHALL BE CONTINUALLY GUIDED

Do not venture inside the Senior Courts Costs Office (SCCO) without mugging up on its latest guide. Nothing earth-moving, but recommended by Lord Justice Birss, which is good. During its former incarnation and as a novice articled clerk up from the sticks to the smoke, the only guide I had was the managing clerk who let me loose there on a substantial four-column bill listed for assessment. He told me not to worry about any party and party items going over to common fund (legal aid). The master told me that the receiving party client with a fat contribution would have boxed my ears if they could have witnessed my concurrence in massive transfers.

Now you might have thought that Birss LJ would have been working on a speech for his swearing-in as the new High Court Chancellor. But no. As well as devouring the SCCO guide, he has been going

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MOVERS & SHAKERS

Browne Jacobson—Matthew Kemp

Browne Jacobson—Matthew Kemp

Firm grows real estate team with tenth partner hire this financial year

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

NEWS
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
Early determination is no longer a novelty in arbitration. In NLJ this week, Gustavo Moser, arbitration specialist lawyer at Lexis+, charts the global embrace of summary disposal powers, now embedded in the Arbitration Act 1996 and mirrored worldwide. Tribunals may swiftly dismiss claims with ‘no real prospect of succeeding’, but only if fairness is preserved
The Ministry of Justice is once again in the dock as access to justice continues to deteriorate. NLJ consultant editor David Greene warns in this week's issue that neither public legal aid nor private litigation funding looks set for a revival in 2026
Civil justice lurches onward with characteristic eccentricity. In his latest Civil Way column, Stephen Gold, NLJ columnist, surveys a procedural landscape featuring 19-page bundle rules, digital possession claims, and rent laws he labels ‘bonkers’
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
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