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28 January 2022 / Dominic Regan
Issue: 7964 / Categories: Opinion , Profession , Costs , Procedure & practice
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The insider: 28 January 2022

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Dominic Regan delves into deductions from damages & namechecks some particularly special specialists

The Court of Appeal has allocated a day and a half in the last week of February to hear the appeal in Belsner v Cam Legal Services Ltd [2020] EWHC 2755 (QB). The case revisits the issue of informed consent in the context of what a client will be liable to pay their own legal representative.

In Herbert v HH Law Ltd [2018] EWHC 580 (QB), the Court of Appeal held that a client merely agreeing to give up part of their damages to help fund the litigation was not good enough. Had she been given a clear explanation as to how that deduction was calculated, she would not have agreed to it. The absence of informed consent rendered the deduction excessive, and the client was to be reimbursed £349. One might sneer at such a trivial sum. The court ordered the solicitor to pay £30,000 on account of costs to those who had raised the

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MOVERS & SHAKERS

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Firm awards training contracts to paralegals through internal programme

Ward Hadaway—Matthew Morton

Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

Thomson Hayton Winkley—Nina Hood

Thomson Hayton Winkley—Nina Hood

Cumbria firm appoints new head of residential property

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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