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16 October 2014 / Dominic Regan
Issue: 7626 / Categories: Opinion , Costs
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A welcome encore

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Dominic Regan salutes Sir Rupert’s return

After a prolonged silence Lord Justice Jackson is back with more radical reform proposals. He appeared at a public event for the first time this year, delivering the keynote speech at the Costs Law and Practice Conference last month.

With utmost restraint Sir Rupert pointed out that the dreaded decision in Mitchell v News Group Newspapers Ltd [2013] EWCA Civ 1537, [2014] 2 All ER 430 was nothing to do with him (Sir Rupert was off on holiday when the case went to the Court of Appeal, yet in the eyes of many Mitchell was synonymous with Jackson). Indeed, at para 96 of Denton v TH White Ltdr; Decadent Vapours Ltd v Bevan; Utilise TDS Ltd v Davies [2014] EWCA Civ 906, [2014] All ER (D) 53 (Jul), he made it clear that he had never advocated a climate of almost zero tolerance. Mitchell completely overshadowed the vast package of reforms delivered and quietly implemented.

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NEWS
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
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’
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
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
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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