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28 January 2021 / Dominic Regan
Issue: 7918 / Categories: Opinion , Profession , Costs
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Litigation joy & Christmas in January

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Dominic Regan believes the consultation on GHR and clarity on the workings of DBAs will bring due comfort and joy to the civil litigation community

By 15 January this year two long awaited developments had occurred. A consultation on guideline hourly rates, last revised a decade ago, was published and then a week later the Court of Appeal handed down judgment about the workings of damages based agreements in Zuberi v Lexlaw (2021) EWCA Civ 16. Both of these events have generated joy within the civil litigation community.

Lord Justice Jackson, in his seminal report, recommended that solicitors be permitted to act in proceedings in return for a percentage of damages recovered. This model of financing claims was already well established in employment tribunal proceedings. This author advised the government on the relevant regulations.

Bemusement

Unfortunately, the Ministry of Justice (MoJ), to the bemusement of Sir Rupert, failed to adhere to his detailed recommendations. The resulting regulations were a mess. In particular, the strangulated language seemed to ban

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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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