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26 January 2024 / Dominic Regan
Issue: 8056 / Categories: Opinion , Profession , Costs , Constitutional law
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The insider: 26 January 2024

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It’s all go in the world of civil litigation, writes Dominic Regan. But what happens when there’s no one at fault to foot the bill?

Nothing stands still in the world of civil litigation.

The elevation last month of Sir Peter Fraser to the Court of Appeal was well deserved and long overdue. His conduct of the notorious Bates and others v Post Office Ltd [2019] civil litigation was brilliant and I think I suggested back then that it alone warranted a place in the Court of Appeal. Fraser LJ is known to his colleagues as ‘Iron Man’ on account of his appetite for triathlons and endurance sports.

The Metropolitan Police has reported it is ‘investigating potential fraud offences’ arising out of the Post Office prosecutions in respect of ‘monies recovered from subpostmasters as a result of prosecutions or civil actions’. The sublime Tom Little KC of Deka Chambers has oversight of this exercise.

The new wave of King’s Counsel has been unveiled. I naively thought that elevation moved

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MOVERS & SHAKERS

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

From first-generation student to trailblazing president of the London Solicitors Litigation Association, John McElroy of Fieldfisher reflects on resilience, identity and the power of bringing your whole self to the law

Clarke Willmott—Elaine Field

Clarke Willmott—Elaine Field

Planning and environment team expands with partner hire in Manchester

Birketts—Barbara Hamilton-Bruce

Birketts—Barbara Hamilton-Bruce

Firm appoints chief operating officer to strengthen leadership team

NEWS
A landmark Supreme Court ruling has underscored the sweeping reach of UK sanctions. In NLJ this week, Brónagh Adams and Harriet Campbell of Penningtons Manches Cooper say the regime is a ‘blunt instrument’ requiring only a factual, not causal, link to restricted goods
Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
Litigators digesting Mazur are being urged to tighten oversight and compliance. In his latest 'Insider' column for NLJ this week, Professor Dominic Regan of City Law School provides a cut out and keep guide to the ruling’s core test: whether an unauthorised individual is ‘in truth acting on behalf of the authorised individual’
Conflicting county court rulings have left landlords uncertain over whether they can force entry after tenants refuse access. In this week's NLJ, Edward Blakeney and Ashpen Rajah of Falcon Chambers outline a split: some judges permit it under CPR 70.2A, others insist only Parliament can authorise such powers
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
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