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28 March 2017 / Richard Harrison
Issue: 7741 / Categories: Opinion , Procedure & practice , CPR
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The Brexit of CPR

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Richard Harrison looks at the treatment of costs management in the Merrix case & finds some interesting parallels

Brexit, as well as meaning “Brexit”, means that the political establishment can talk about and do little else. We seem to have a single issue administration. It has devoted itself to implementing the “will of the people” even when that desire was expressed by a very small majority, apparently bamboozled by misrepresentations and manipulated by demagogues and self-interested media, into voting for a simple “yes” or “no”.

That binary solution is one which no sensible person would want to apply to a complex cultural and commercial tapestry built up over 40 years. It simply cannot be unravelled without immense effort and possibly immense damage.

By presenting the British people with such a misconceived, simple choice about which to express a “will”, the last Conservative government gave a poisonous legacy to the present one and it is one which Mrs May and her colleagues are struggling to implement rationally. Some believe it will cause immense damage but, whatever the outcome, the process is gobbling up government

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

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

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

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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