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30 July 2015 / David Greene
Issue: 7663 / Categories: Opinion
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​To Coventry & back—a damp squib?

Relief post-Coventry is tempered by injustice on other fronts, says David Greene

Whether you are happy or disappointed at the result in Coventry and Others v Lawrence and another [2015] UKSC 50, [2015] All ER (D) 234 (Jul) will depend on which side of the costs issue dealt with by the court you sit. I had rather mixed feelings. As a claimant lawyer I welcomed the finding but I felt disappointed that after all this time and angst the court said “no change”, notwithstanding that it was the Supreme Court that seemed to start this hare running. The judgment is fascinating reading but the whole process has been somewhat of a damp squib. Perhaps predictably so.

For the appellants it looked good. The European Court of Human Rights had already opined on the conditional fee agreement legislation under Art 10 (freedom of speech). Lord Neuberger seemed, inititally, to breathe life into the concept that recovery of success fees and after-the-event (ATE) insurance premiums may be an unreasonable fetter on access to the court and thus

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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

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Mr Justice Nicklin’s decision to order costs on an indemnity basis may be a ‘significant win’ but it’s still ‘far from game, set and match’ for Associated Newspapers, a former costs judge has said
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Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
Can a meticulously maintained spreadsheet turn a couple’s informal financial arrangements into legally enforceable obligations? 
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