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Civil way: 17 February 2023

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17 February 2023
Issue: 8013 / Categories: Features , Procedure & practice , Civil way , CPR , Costs
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QOCS changes; jumping financial remedy queue; suing the state; Fast Track costs on small claim; life after Tate Modern; new FPR amendments.

LOTSAQOCS

The Supreme Court’s decision in Ho v Adelekun [2021] UKSC 43, [2021] All ER (D) 17 (Oct) could have looked counterintuitive and unfair. The justices said that, not me. I wouldn’t dare. It addressed the conundrum which arose in a qualified one-way costs shifting (QOCS) case over set-offs where the claimant was awarded damages and there were opposing costs orders. It was decided that the defendant who had an order for costs in their favour could not offset them against both the claimant’s damages and interest and a costs order in the claimant’s favour (perhaps made on an unsuccessful interim application to strike out). The offset was limited to the damages and interest. Amendments to CPR 44 to be brought into force on 6 April 2023 by the Civil Procedure (Amendment) Rules 2023, SI 2023/105, and only applying to proceedings issued on or after that date, are aimed

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Public Accounts Committee warn of ‘extinction’ risk for legal aid
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
NLJ this week: The insider returns
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
NLJ this week: Drawing the line on contempt
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
NLJ this week: Stop and search by the numbers
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
NLJ this week: Looking back on the prorogation that never was
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
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