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17 March 2023 / Dominic Regan
Issue: 8017 / Categories: Opinion , Costs , Procedure & practice , Litigation funding , ADR , Profession
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The insider: 17 March 2023

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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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MOVERS & SHAKERS

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley strengthens family law team

Ward Hadaway—Barnaby Rosenthall

Ward Hadaway—Barnaby Rosenthall

Construction lawyer returns to Ward Hadaway in Teesside role

Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

NEWS
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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