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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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MOVERS & SHAKERS

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
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In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
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