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The insider: 3 February 2023

03 February 2023 / Dominic Regan
Issue: 8011 / Categories: Opinion , Costs , Expert Witness , Procedure & practice
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If you can’t say anything nice, don’t say anything at all: Dominic Regan covers shocks & surprises when the bill comes, & underlines the importance of following the rules

‘A customer should never be surprised by the bill he or she receives from a lawyer.’ The more I reflected upon those 16 words found on p5 of the guide to charging published by the Legal Ombudsman, the more I thought that it captured the essence of costs law. True, it comes in at 3,000 pages less than the imminent new 4th edition of the magisterial Friston on Costs. However, so many recent cases concern surprises (shocks) when a bill is levied. I suggest that every fee-earner in the profession should learn that mantra and adhere to it.

Our distinguished readership includes Simon Williams, legal ombudsman, who got in touch after my column reflecting on the Belsner saga (‘The insider’, 172 NLJ 8004, p8). He told me that there has always been a steady stream of complaints

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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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