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Civil way: 17 February 2023

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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MOVERS & SHAKERS

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Firm expands London disputes practice with senior partner hire

Druces—Lisa Cardy

Druces—Lisa Cardy

Senior associate promotion strengthens real estate offering

Charles Russell Speechlys—Robert Lundie Smith

Charles Russell Speechlys—Robert Lundie Smith

Leading patent litigator joins intellectual property team

NEWS
Human rights lawyers, social justice champion, co-founder of the law firm Bindmans, and NLJ columnist Sir Geoffrey Bindman KC has died at the age of 92 years
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
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