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The insider: 17 March 2023

17 March 2023 / Dominic Regan
Issue: 8017 / Categories: Opinion , Costs , Procedure & practice , Litigation funding , ADR , Profession
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Fixed costs to come when the leaves fall? Dominic Regan tackles listing woes, distressed litigation funders & what’s spooking the banks

I have it in writing from Lord Bellamy KC. ‘The extension of fixed recoverable costs will be implemented in October 2023,’ he wrote on 27 February. The failure to deliver rules as promised last October and then a further postponement of changes next month had led more than a few to think it was all going to be abandoned.

A reprieve has been granted in housing cases. There was genuine concern that those in dire straits would lose all hope of representation in such matters if costs were suppressed by regulations. Last month, the Ministry of Justice confirmed that nothing would change for two years. In fact, the delay will be longer. It might be forever. A general election must take place by 24 January 2025. In all probability it will be before then. As soon as a date is fixed, the civil service enters a

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NEWS
Paper cyber-incident plans are useless once ransomware strikes, argues Jack Morris of Epiq in NLJ this week
In this week's NLJ, Robert Hargreaves and Lily Johnston of York St John University examine the Employment Rights Bill 2024–25, which abolishes the two-year qualifying period for unfair-dismissal claims
Writing in NLJ this week, Manvir Kaur Grewal of Corker Binning analyses the collapse of R v Óg Ó hAnnaidh, where a terrorism charge failed because prosecutors lacked statutory consent. The case, she argues, highlights how procedural safeguards—time limits, consent requirements and institutional checks—define lawful state power
Michael Zander KC, emeritus professor at LSE, revisits his long-forgotten Crown Court Study (1993), which surveyed 22,000 participants across 3,000 cases, in the first of a two-part series for NLJ
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