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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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MOVERS & SHAKERS

Pillsbury—Lord Garnier KC

Pillsbury—Lord Garnier KC

Appointment of former Solicitor General bolsters corporate investigations and white collar practice

Hall & Wilcox—Nigel Clark

Hall & Wilcox—Nigel Clark

Firm strengthens international strategy with hire of global relations consultant

Slater Heelis—Sylviane Kokouendo & Shazia Ashraf

Slater Heelis—Sylviane Kokouendo & Shazia Ashraf

Partner and associate join employment practice

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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