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11 August 2017 / Kerry Underwood
Issue: 7758 / Categories: Features , Profession
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Time to shape up?

Kerry Underwood recommends some summer reading & top tips for the new Lord Chancellor

Our new Lord Chancellor, David Lidington, faces an unenviable task in dealing with a civil justice system that is in serious difficulty. Low judicial morale and the related inability to recruit judges, stratospheric court fees and seemingly endless and disjointed reviews and reports, Brexit, and a legal profession close to despair are just some of the matters that will require his urgent attention. Here are a few ideas as to how matters could be improved.

Improvement matters

First, only the Ministry of Justice (MoJ), and no other government department, should make proposals for reform of the justice system or the costs regime. Thus the Department of Health’s proposals regarding clinical negligence costs should be withdrawn and fed into Lord Justice Jackson’s recently published review of fixed costs. Anyone on the wrong end of costs orders thinks that they are too high. The Health Department is there to run the health service, not to determine the level of costs it should pay

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NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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