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29 January 2014 / Dominic Regan
Issue: 7592 / Categories: Features , Procedure & practice , Costs , CPR
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Unfinished business

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Dominic Regan predicts the likely civil procedure developments for 2014

It is not over. While the core elements of the Jackson reforms were indeed implemented in April 2013, with portal extensions arriving at the end of July, there remains unfinished business. What follows is an informed analysis of likely developments. This is not random guesswork but is derived from a series of understandably discreet conversations with judges and law makers.

The B word

Budgeting was declared by Sir Rupert to be central to his reforms, introducing an obligation to reveal work to be done and costs to be incurred in multi-track actions commenced from 1 April. One concern is that the process can be evaded. The Commercial Court enjoys a cosy blanket exemption as indeed does Admiralty. Cases worth over £2m running in Chancery and the TCC are also excluded. The Senior Master made a perfectly sound point when he said that cases worth surely warranted budgeting more than lesser valued claims. A

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MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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