header-logo header-logo

Civil way: 17 February 2023

17 February 2023
Issue: 8013 / Categories: Features , Procedure & practice , Civil way , CPR , Costs
printer mail-detail
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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
back-to-top-scroll