header-logo header-logo

Home Login E-newsletter About us

NLJ this week: How to escape the fixed costs regime & more

© Copyright LexisNexis 2026. All Rights Reserved.
08 September 2023
Issue: 8039 / Categories: Legal News , Procedure & practice , Civil way , Costs
printer mail-detail
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.

Issue: 8039 / Categories: Legal News , Procedure & practice , Civil way , Costs
printer mail-details
RELATED ARTICLES
 

MOVERS & SHAKERS

Read All
Sponsored by
Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
Read All
Public Accounts Committee warn of ‘extinction’ risk for legal aid
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
NLJ this week: The insider returns
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
NLJ this week: Drawing the line on contempt
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
NLJ this week: Stop and search by the numbers
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
NLJ this week: Looking back on the prorogation that never was
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
Copyright © 2026 LexisNexis
back-to-top-scroll