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The insider: 25 November 2022

25 November 2022 / Dominic Regan
Issue: 8004 / Categories: Opinion , Costs , Personal injury , Damages
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Dominic Regan sees February and October in the fixed costs tea leaves, predicts Belsnerphobia in Wolverhampton, and shares the joy of swag

Fixed costs

I was in the front row at the Civil Justice Council National Forum last Friday. Lord Bellamy KC, the Parliamentary Under Secretary of State at the Ministry of Justice, who has held office for almost an eternity (over five months) announced yet further delay to the Fixed Costs Rules. They are now going to come into force in October 2023.

The ministry is a soft target for criticism, but I am assured by the top brass that the concern was to ensure practitioners had a decent amount of time to digest the new measures, which I think might now be unveiled in February.

Belsner

Fear stalks the streets of Wolverhampton. Those employed at the office of the Legal Ombudsman, already burdened with a backlog, must be terrified at the thought of thousands of costs disputes coming their way, as strongly recommended by the Master

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NEWS
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
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