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29 January 2025
Issue: 8102 / Categories: Legal News , Costs , Profession , Regulatory
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Costs news to look out for in 2025

Legislation allowing costs lawyers to become judges will be laid this year, the Association of Costs Lawyers (ACL) has predicted.

Roles may be limited initially to the county court and lower tribunals, as was the case with CILEX lawyers. This would exclude costs lawyers from the High Court and therefore the Senior Courts Costs Office (SCCO), ACL chair Jack Ridgway said. He urged the Ministry of Justice to ‘see sense in carving out a specific exemption allowing costs lawyers to sit in the SCCO’.

Ridgway also called for action to tackle unregulated costs draftsmen, in the wake of Kapoor v Johal [2024] EWHC 2853 (SCCO), where costs judge Jennifer James reduced a £260,000 bill to zero. In her judgment, Judge James lamented the fact she was unable to report the costs draftsman involved because he was unregulated.

‘This is an unacceptable and unnecessary gap in regulation, and I urge the Legal Services Board and Ministry of Justice to address it,’ Ridgway said.

Turning to costs developments this year, Ridgway warned practitioners to prepare now for the start of the simplified budgeting pilots in April, which ‘will mark a new era in ensuring the process is proportionate to the type of litigation involved’. The pilots will cover certain business and property cases and cases valued below £1m.

Ridgway anticipates the announcement of a review into the costs provisions of the Solicitors Act 1974, which is currently being looked at by a Civil Justice Council working party. However, he expressed doubt there would be time for legislation in this Parliament since ‘the Act needs a full re-write with its underlying principles also considered’.

He also predicts a court decision resolving a current gap in the rules about what costs apply where a claim valued up to £100,000 settles prior to allocation.

Issue: 8102 / Categories: Legal News , Costs , Profession , Regulatory
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MOVERS & SHAKERS

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Firm awards training contracts to paralegals through internal programme

Ward Hadaway—Matthew Morton

Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

Thomson Hayton Winkley—Nina Hood

Thomson Hayton Winkley—Nina Hood

Cumbria firm appoints new head of residential property

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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