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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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NLJ Career Profile: John McElroy, London Solicitors Litigation Association

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NEWS
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
FIFA’s 2026 Men's World Cup is already mired in controversy, with complaints over ‘excessive prices’ and opaque ticketing. Writing in NLJ this week, Professor Dr Ian Blackshaw of Valloni Attorneys warns that governing bodies may face scrutiny under EU competition law, with allegations of a ‘dominant—if not monopolistic—position’ in ticket sales
Ten years after Brexit, UK and EU trade mark regimes are drifting apart in practice if not principle. Writing in NLJ this week, Roger Lush and Lara Elder of Carpmaels & Ransford highlight tighter UK scrutiny after SkyKick, where overly broad filings may signal ‘bad faith’
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
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