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The insider: 21 April 2023

21 April 2023 / Dominic Regan
Issue: 8021 / Categories: Opinion , Profession , Legal services , Career focus , Costs
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In his latest column, Dominic Regan sets out next steps for fixed costs, some unexpected downsides of taking silk, & the importance of being in the right place at the right time

Well that was a surprise!

Those pesky Fixed Costs Rules, which are definitely coming into force on 1 October, are to apply to cases issued from that date onwards. Up until now, the plan was that they would only apply where the cause of action accrued after the date of implementation. One need not be Nostradamus to predict a flurry of issuing before the end of September. While we still do not have the Rules—likely to appear before May is out—the attraction of recoverable costs being at large is irresistible. Personal injury practitioners who feel they have endured years of reform are given a treat. Accident cases will only be within the new regime where the cause of action accrued in or after October. For disease cases the critical date is that of the letter of

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MOVERS & SHAKERS

Red Lion Chambers—Maurice MacSweeney

Red Lion Chambers—Maurice MacSweeney

Set creates new client and business development role amid growth

Kingsley Napley—Tim Lowles

Kingsley Napley—Tim Lowles

Sports disputes practice launchedwith partner appointment

mfg Solicitors—Tom Evans

mfg Solicitors—Tom Evans

Tax and succession planning offering expands with returning partner

NEWS
The rank of King’s Counsel (KC) has been awarded to 96 barristers, and no solicitors, in the latest silk round
Neurotechnology is poised to transform contract law—and unsettle it. Writing in NLJ this week, Harry Lambert, barrister at Outer Temple Chambers and founder of the Centre for Neurotechnology & Law, and Dr Michelle Sharpe, barrister at the Victorian Bar, explore how brain–computer interfaces could both prove and undermine consent
Comparators remain the fault line of discrimination law. In this week's NLJ, Anjali Malik, partner at Bellevue Law, and Mukhtiar Singh, barrister at Doughty Street Chambers, review a bumper year of appellate guidance clarifying how tribunals should approach ‘actual’ and ‘evidential’ comparators. A new six-stage framework stresses a simple starting point: identify the treatment first
In cross-border divorces, domicile can decide everything. In NLJ this week, Jennifer Headon, legal director and head of international family, Isobel Inkley, solicitor, and Fiona Collins, trainee solicitor, all at Birketts LLP, unpack a Court of Appeal ruling that re-centres nuance in jurisdiction disputes. The court held that once a domicile of choice is established, the burden lies on the party asserting its loss
Early determination is no longer a novelty in arbitration. In NLJ this week, Gustavo Moser, arbitration specialist lawyer at Lexis+, charts the global embrace of summary disposal powers, now embedded in the Arbitration Act 1996 and mirrored worldwide. Tribunals may swiftly dismiss claims with ‘no real prospect of succeeding’, but only if fairness is preserved
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