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Civil way: 19 April 2013

18 April 2013
Categories: Features , Civil way , Procedure & practice
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The latest on Jackson & legal aid

JACKCHAT

Gotcha!

If you thought you might escape paying an allocation fee on a plus £1,500 CPR Pt 7 claim on filing the new directions questionnaire (quite independently, of course, from your usual attempt at ducking the listing and hearing fees by drafting case management directions which provide for pre-trial checklists to be dispensed with) then think again. The Civil Proceedings Fees (Amendment) Order 2013 (SI 2013/734) which squeezed into force on 1 April 2013 having been made four days earlier (phew!) provides for the fee to be paid when an allocation or directions questionnaire is filed or when a case is allocated to track without a questionnaire. Another fees order is expected soon: court users are quaking.

Back door

Fixed costs in fast-track cases did not happen as Jackson LJ had envisaged and the amendment CPR unsurprisingly make no provision for fast-track costs management. How will proportionality be applied to fast tracks? Jackson LJ has suggested that the costs claimed by the fast-track receiving

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NEWS
Lawyers and users of the business and property courts are invited to share their views on disclosure, in particular the operation of PD 57AD and the use of Technology Assisted Review (TAR) and artificial intelligence (AI)
Social media giants should face tortious liability for the psychological harms their platforms inflict, argues Harry Lambert of Outer Temple Chambers in this week’s NLJ
Ian Gascoigne of LexisNexis dissects the uneasy balance between open justice and confidentiality in England’s civil courts, in this week's NLJ. From public hearings to super-injunctions, he identifies five tiers of privacy—from fully open proceedings to entirely secret ones—showing how a patchwork of exceptions has evolved without clear design
The Leasehold and Freehold Reform Act 2024—once heralded as a breakthrough—has instead plunged leaseholders into confusion, warns Shabnam Ali-Khan of Russell-Cooke in this week’s NLJ
The Employment Appeal Tribunal has now confirmed that offering a disabled employee a trial period in an alternative role can itself be a 'reasonable adjustment' under the Equality Act 2010: in this week's NLJ, Charles Pigott of Mills & Reeve analyses the evolving case law
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