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The insider: 25 February 2022

25 February 2022
Issue: 7968 / Categories: Opinion , Personal injury , Constitutional law
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Pain ahead for lawyers? Dominic Regan takes a look into his crystal ball for the future of fixed costs & recounts a particularly unfortunate disclosure…

A bolt from the blue was delivered in late January with publication of a fixed costs consultation for cases worth up to £25,000 by the Department of Health and Social Care.

The NHS will be the obvious beneficiary. However, buried in the small print of the 84-page document is the declaration that claims against private health care providers will also be captured. This is significant because claims against aesthetic clinics are rife and much dental work today is outside the NHS.

I was told last September that something was definitely in the pipeline. What has traumatised the claimant fraternity is that the government, confronted in earlier negotiations with rival contentions as to what those fixed costs should be, has plumped for the exact figures adduced by the defendant camp. The misplaced expectation was that the difference would be split.

The ‘consultation’ closes at 11.45pm on 24 April

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NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
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