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The Fall

HHJ Simon Brown QC concludes his exclusive NLJ online series on costs management post-Jackson

“The Fall” has been the end of the beginning of seismic reforms rippling around the common law globe:

  • On 1 November, the Technology and Construction Court (TCC) endorsed a novel e-Disclosure Protocol Pack that all civil litigators should look at. 
  • On 7 November, the Court of Appeal heard the Plebgate appeal.
  • On 8 November and again on 6 December the Civil Procedure Rules Committee (CPRC) discussed costs budgeting: the subcommittee is now formulating rules in the light of the discussions at the two meetings. 
  • On 13 November, the Judicial Institute convened a half day meeting at UCL of senior judges from Scotland, Hong Kong, Singapore and England & Wales, international jurists, academics and leading practitioners to discuss experiences of civil justice reforms around the world and the Jackson Reforms in England and Wales and the Taylor Reforms in Scotland. This high powered meeting was organised by Professor
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MOVERS & SHAKERS

Birketts—Nathan Evans

Birketts—Nathan Evans

Commercial and technology team in Cambridge strengthened by partner hire

Andrew & Andrew Solicitors—Shikha Datta

Andrew & Andrew Solicitors—Shikha Datta

Hampshire firm appoints head of new family department

Latham & Watkins—Sarah Lightdale

Latham & Watkins—Sarah Lightdale

Firm strengthens securities practice with partner return

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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