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Litigation joy & Christmas in January

28 January 2021 / Dominic Regan
Issue: 7918 / Categories: Opinion , Profession , Costs
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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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Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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