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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

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

From global fraud cases to fishing off-grid, Mishcon de Reya’s chair of dispute resolution Hugo Plowman discusses mentors, management switching off

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law announces partner promotion and new hires amid a record year for enquiries

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis wills and probate team extends reach with two appointments

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
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