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11 November 2022 / Stephen Gold
Issue: 8002 / Categories: Features , Procedure & practice , Civil way
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Civil way: 11 November 2022

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Arise CFO; QOCS in a mix; covenant breach test; Phoenix director hit; landlord’s charge struck down.

STILL OF INTEREST

Have mercy on us. They’ve upped the Court Funds Office interest rates again (see ‘Civil way’, NLJ, 14 October 2022, p16). As from 25 October 2022, the special account rate is increased from 1.75% to 2.25% and the basic account rate from 1.313% to 1.688%. No doubt, more to come. May the calculator be with you.

NOT THE BELSNER & KARATYSZ NEWS

Calm down you costaholics. There is no earthly reason why Belsner andKaratysz should hog the limelight. We have got a qualified one-way costs shifting (QOCS) case of the decade. Alright, the year. The Court of Appeal has just decided in Achille v Lawn Tennis Association Services Ltd [2022] EWCA Civ 1407 on the meaning of ‘proceedings’ in CPR 44.51. There, the claimant had brought a mixed claim, but the personal injury element was struck out as lacking reasonable grounds, with an order for costs against him assessed at £4,250 and no block on enforcement.

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MOVERS & SHAKERS

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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
Read All
NLJ this week: No such thing as a ‘Welsh seat’
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
NLJ this week: Jury reform risks justice for efficiency’s sake
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’
NLJ this week: Crypto fightback offers ‘new frontier for law’
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
NLJ this week: Time to revive the duty to report crime?
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
NLJ this week: When are experts truly ‘necessary’?
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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