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15 December 2023 / Dominic Regan
Issue: 8053 / Categories: Opinion , Profession , Costs , ADR , Personal injury
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The insider: 15 December 2023

151501
Dominic Regan signs off the year covering a flurry of late developments without equal this century

A pay rise! Good riddance to Latin in judgments! That old tosh about judges being powerless to order ADR sent to recycling! Major Supreme Court guidance handed down about expert evidence (and lay witnesses too). It has all kicked off over the last few weeks. This flurry of late developments is without equal this century.

Guideline hourly rates go up on 1 January. The increases are approximately between 6–7%. How generous are the revised figures? While any enhancement is welcome, there is not much cause for ecstasy.

I sought the views of Andrew McAulay who is top banana in costs at Clarion Solicitors. His firm deals with costs on behalf of over 200 law firms and advises counsel too: ‘The increase doesn’t align with what is happening commercially in law firms. Also, Grade A work (outside of the City) for complex and high value multi track work is often charged at £400 minimum.

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NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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