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19 February 2009
Issue: 7357 / Categories: Case law , Legal services , Profession
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Harrison v Harrison [2009] All ER (D) 61 (Feb)

Legal Profession

Wasted costs orders (under s 51(6) of the Supreme Court Act 1981) are remedies of last resort. The legal representative  should not be called on to reply unless an apparently strong prima facie case has been made against him. Where the responding lawyer is required to show cause why an order should not be made, the burden of proof does not shift away from the applicant, who must establish his case. Even where the court is satisfied as to conduct and causation, it has to consider whether to exercise the discretion to make the order and to what extent. Orders should only be made under s 51(6) where, and to the extent that, the conduct so characterised has been established as directly causative of wasted costs. Applications for wasted costs are usually best left until after the end of the trial.

Issue: 7357 / Categories: Case law , Legal services , Profession
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MOVERS & SHAKERS

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

International arbitration team strengthened by double partner hire

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Firm celebrates trio holding senior regional law society and junior lawyers division roles

Michelman Robinson—Sukhi Kaler

Michelman Robinson—Sukhi Kaler

Partner joins commercial and business litigation team in London

NEWS
The Legal Action Group (LAG)—the UK charity dedicated to advancing access to justice—has unveiled its calendar of training courses, seminars and conferences designed to support lawyers, advisers and other legal professionals in tackling key areas of public interest law
The Police and Criminal Evidence Act 1984 transformed criminal justice. Writing in NLJ this week, Ed Cape of UWE and Matthew Hardcastle and Sandra Paul of Kingsley Napley trace its ‘seismic impact’
Operational resilience is no longer optional. Writing in NLJ this week, Emma Radmore and Michael Lewis of Womble Bond Dickinson explain how UK regulators expect firms to identify ‘important business services’ that could cause ‘intolerable levels of harm’ if disrupted
As the drip-feed of Epstein disclosures fuels ‘collateral damage’, the rush to cry misconduct in public office may be premature. Writing in NLJ this week, David Locke of Hill Dickinson warns that the offence is no catch-all for political embarrassment. It demands a ‘grave departure’ from proper standards, an ‘abuse of the public’s trust’ and conduct ‘sufficiently serious to warrant criminal punishment’
Employment law is shifting at the margins. In his latest Employment Law Brief for NLJ this week, Ian Smith of Norwich Law School examines a Court of Appeal ruling confirming that volunteers are not a special legal species and may qualify as ‘workers’
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