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Civil way: 12 March 2010

11 March 2010
Issue: 7408 / Categories: Case law , Civil way , Procedure & practice
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Patience, please...Judges are still summarily assessing costs in civil and family cases on the strength of interim hourly guideline rates which came into operation on 1 January 2009.

The Master of the Rolls decided to await the Jackson Report before deciding whether to change them. Now, the Advisory Committee on Civil Costs has recommended uprates and the Master of the Rolls has asked for additional information explaining the recommendation.  

Two particular

Separate particulars of claim can be served without the court’s direction in the same set of proceedings in respect of different defendants against whom different causes of action are asserted. Warren J so ruled in Biddle & Company v Tetra Pak Ltd and others [2010] EWHC 54 (Ch), [2010] Lawtel 26 January 2010. This might, for example, overcome an inability to amend particulars of claim with a new cause of action outside the limitation period against one or more of a series of defendants to whom the first set of particulars had not been devoted.  

COSTS ASSESSMENTS: PLENTY TO ARGUE

Claim

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MOVERS & SHAKERS

Red Lion Chambers—Maurice MacSweeney

Red Lion Chambers—Maurice MacSweeney

Set creates new client and business development role amid growth

Kingsley Napley—Tim Lowles

Kingsley Napley—Tim Lowles

Sports disputes practice launchedwith partner appointment

mfg Solicitors—Tom Evans

mfg Solicitors—Tom Evans

Tax and succession planning offering expands with returning partner

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The rank of King’s Counsel (KC) has been awarded to 96 barristers, and no solicitors, in the latest silk round
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
Comparators remain the fault line of discrimination law. In this week's NLJ, Anjali Malik, partner at Bellevue Law, and Mukhtiar Singh, barrister at Doughty Street Chambers, review a bumper year of appellate guidance clarifying how tribunals should approach ‘actual’ and ‘evidential’ comparators. A new six-stage framework stresses a simple starting point: identify the treatment first
In cross-border divorces, domicile can decide everything. In NLJ this week, Jennifer Headon, legal director and head of international family, Isobel Inkley, solicitor, and Fiona Collins, trainee solicitor, all at Birketts LLP, unpack a Court of Appeal ruling that re-centres nuance in jurisdiction disputes. The court held that once a domicile of choice is established, the burden lies on the party asserting its loss
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
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