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08 September 2023
Issue: 8039 / Categories: Legal News , Procedure & practice , Civil way , Costs
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NLJ this week: How to escape the fixed costs regime & more

Former district judge Stephen Gold takes us through ways in which to avoid the fixed recoverable costs regime, due to come into force on 1 October, in this week’s 'Civil way'.

For example, fixed costs could be avoided where non-monetary relief is sought and the lawyer can persuade the judge to use their discretion on ‘interests of justice’ grounds. He lists the types of cases where exclusions apply, for example, certain clinical negligence claims where both breach and causation have been admitted.

Gold helpfully explores various scenarios which may help lawyer and client escape the new regime. He also covers a rise in the special account rate, recent guidance from the president of the Family Division, new guidance for attorneys and deputies on vaccinations for those who lack mental capacity to consent, and more. 

Find more nuggets of Gold here.

MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
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