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24 November 2023 / Dominic Regan
Issue: 8050 / Categories: Opinion , Costs , Profession , Constitutional law
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The insider: 24 November 2023

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Prof Regan defends the MR, condemns the Solicitors Act 1974, & commends a legal triumvirate

Well, that didn’t take long. Last Friday, just 48 days on from implementation of fixed costs, the Civil Justice Council (CJC) hosted its 12th National Forum focused upon improving access to justice in a cost-of-living crisis. The biggest guns were rolled out. Our first Lady Chief Justice, the Master of the Rolls, and the deputy head of civil took to the stage. Only a week before the trio had sat together and heard the appeal in Churchill v Merthyr Tydfil. Can a court order parties to engage in alternative dispute resolution? What is the sanction to be if an obdurate litigant refuses to comply? We will have a judgment before Christmas.

At least there was ample seating in the Friends House, Euston, unlike the week before when I had to sit on the floor in court. The ever-thoughtful Sir Colin Birss popped over to deliver a personal apology for something out of his

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MOVERS & SHAKERS

Forbes Solicitors—Stephen Barnfield

Forbes Solicitors—Stephen Barnfield

Regulatory team boosted by partner hire amid rising health and safety demand

Arc Pensions Law—Kris Weber

Arc Pensions Law—Kris Weber

Legal director promoted to partner at specialist pensions firm

Clarke Willmott—Jonathan Cree

Clarke Willmott—Jonathan Cree

Residential development capability expands with partner hire in Birmingham

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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