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13 July 2012
Issue: 7522 / Categories: Case law , Law digest , In Court
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Costs

Briscoe v Tilt [2012] All ER (D) 09 (Jul)

CPR Pt 45, s II, ought to apply to a broad category of cases. It was not just the easiest of cases that fell within the fixed recoverable costs regime. It was broadly all cases which settled pre-issue, including sometimes cases which required the approval of the court. Fixed costs applied there even though extra work was required of the solicitor. With regard to the test of exceptional, unusualness by itself was not enough. There had to be a circumstance which was exceptional enough to make it reasonably arguable that the claimant should not be held to the fixed recoverable costs regime. Most road traffic cases not exceeding £10,000 which settled pre-issue ought to be swept up.

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MOVERS & SHAKERS

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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