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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

Haynes Boone—Jeremy Cross

Haynes Boone—Jeremy Cross

Firm strengthens global fund finance practice with London partner hire.

DWF—Stephen Webb

DWF—Stephen Webb

Partner and head of national planning team appointed

mfg Solicitors—Nick Little

mfg Solicitors—Nick Little

Corporate team expands in Birmingham with partner hire

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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