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03 November 2023 / Dominic Regan
Issue: 8047 / Categories: Opinion , Profession , Costs
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The insider: 3 November 2023

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Fixed costs, forced ADR, and animal exploitation jostle for space with legal superstars, good deeds, and a whiff of hope in this month’s update by Dominic Regan

Judicial review! An injunction! Kidnap Lord Justice Birss! Some desperate measures were mooted to preclude the implementation of Fixed Recoverable Costs on 1 October. The Ministry of Justice (MoJ) did not blink and the Intermediate Track is now open for business.

It is inevitable that 107 pages of measures will generate teething problems. Costs management, now an everyday occurrence, endured a grim childhood. Indeed, potential problems within the new measures triggered a further consultation back in July which was astonishing because it was looking at rules that were not even in force! I am certain that we will see tweaks by way of amendments in April 2024. The proposed changes and outcome of the consultation should be published next month. I believe that the concern of clinical negligence lawyers about such cases falling into the bottom rung of the Intermediate Track will be

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MOVERS & SHAKERS

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Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

HFW—Simon Petch

HFW—Simon Petch

Global shipping practice expands with experienced ship finance partner hire

Freeths—Richard Lockhart

Freeths—Richard Lockhart

Infrastructure specialist joins as partner in Glasgow office

NEWS
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NLJ this week: No such thing as a ‘Welsh seat’
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
NLJ this week: Jury reform risks justice for efficiency’s sake
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
NLJ this week: Crypto fightback offers ‘new frontier for law’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
NLJ this week: Time to revive the duty to report crime?
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
NLJ this week: When are experts truly ‘necessary’?
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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