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Civil way: 22 March 2013

22 March 2013
Issue: 7553 / Categories: Features , Civil way , Jackson
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The avalanche of Jackson legislation continues unabated...

JACKCHAT

The avalanche of Jackson legislation continues unabated. The Civil Procedure (Amendment No 2) Rules 2013 (SI 2013/515) amend the amended and facilitate the opt out of costs budgeting for plus £2m Chancery, Construction and Technology and Mercantile Court claims (see Civil way). They also fine-tune transitional measures by providing that costs incurred in respect of work done before 1 April 2013 will not be subject to the new standard basis proportionality test (proportionality trumping reasonableness) (see again Civil way).

A tiny 61st update has been issued which introduces a new PD51I covering a second six month mediation service pilot scheme for small claims as from 1 April 2013. The first pilot scheme brought to us by PD51H lapses (see Civil way). Free mediation will be available where both parties are willing to tango in claims up to £10,000 (apart from road traffic accident, personal injury and housing disrepair claims) issued not simply out of the CCMCC but issued out of the Production

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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
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
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
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
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
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