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05 July 2018
Issue: 7800 / Categories: Features , Civil way , Procedure & practice
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Civil way: 6 July 2018

MoJ payback; orders! Orders!; credit mire; silently unmeritorious.

FEES OVERCHARGE

The County Court has been overcharging on the issue of certain CPR Pt 8 stage 3 protocol low-value personal injury road traffic and employers’ and public liability claims, extracting the sweep-up ‘any other remedy’ fee of £308 instead of the usually lower money claim fee where, for example, a paper form claim within the £3,000 to £5,000 range would cost £103 less. Staff have been given revised guidance and the Ministry of Justice (MoJ) informs us that it will be setting out details of a refund scheme in due course. Catering for cases where the inflated fee has been settled by the unsuccessful party should present a nice headache.

A reminder to court staff on the issue of the revised MoJ guidance will not go amiss along with a certificate of value to be added to the Pt 8 claim form corresponding to the relevant fee band. And a reminder to you, dear readers, that where you have procured a limitation stay of a claim

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MOVERS & SHAKERS

Foot Anstey—Jasmine Olomolaiye

Foot Anstey—Jasmine Olomolaiye

Investigations and corporate crime expert joins as partner

Fieldfisher—Mark Shaw

Fieldfisher—Mark Shaw

Veteran funds specialist joins investment funds team

Taylor Wessing—Stephen Whitfield

Taylor Wessing—Stephen Whitfield

Firm enhances competition practice with London partner hire

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The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
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